The Board of Zoning Appeals shall:
(a) Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative office or board charged with the enforcement of the Zoning Ordinance of the City or any rule or regulation adopted pursuant thereto;
(b) Permit and authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in this Ordinance;
(c) Hear and decide all special permitted use requests listed in the various zoning districts; and
(d) Authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done as follows:
(1) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment by reason of exceptional situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the provisions of this Ordinance would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, unnecessary to carry out the spirit and purpose of this Ordinance, the Board shall have the power to authorize, upon appeal, a variance from such strict applications, so as to relieve such difficulties or hardships, and so that the spirit and purpose of this Ordinance shall be observed and substantial justice done. In authorizing a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the interest of the furtherance of the purposes of this Ordinance.
(2) No such variance in the provisions or requirements of this Ordinance shall be authorized by the Board unless the Board finds that all of the following conditions exist:
A. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or generally to other properties or class of uses in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and in the vicinity affected by such variance.
C. That the authorizing of such variance will not:
1. Alter the land use characteristics of the district;
2. Impair the adequate supply of light and air to adjacent property;
3. Increase the hazard from fire, flood and other dangers of such property;
4. Diminish the marketable value of adjacent land and buildings;
5. Increase the congestion in the public streets;
6. Otherwise impair the public health, safety and general welfare.
(3) No grant or variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property for which the variance is sought is not of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation, under an amendment of this Ordinance, for such conditions or situations.
(e) In exercising its powers and authority the Board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination appealed from, as in its opinion ought to be done in the premises, and to this end shall have all the powers and authority of the official or board from whom or which the appeal is taken.
(f) Hear all appeals concerning the intent of the official Zone Map as to the location of zoning boundaries as stated in Section 1313.04
(b).
(g) Hear all special use requests listed in Section 1315.07
(h) Use Variance - The Board shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.
(j) Decisions - The board shall be permitted to decide in any manner it sees fit, however it shall not have the authority to alter or change this code or zoning map or allow as a use that which would be inconsistent with the requirements of this code. (Ord. 6-00. Passed 8-14-00.)