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(A) The Zoning Board of Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this act;
(2) To authorize upon appeal in specific cases a variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The variances may be granted in the individual cases of unnecessary hardship upon a finding by the Zoning Board of Appeals:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
(b) The application of this chapter on this particular piece of property would create an unnecessary hardship;
(c) The conditions are peculiar to the particular piece of property involved; and
(d) Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this chapter or the Comprehensive Plan; provided, however, that, no variance may be granted for a use of land or building structure that is prohibited in a given district.
(3) To decide on other matters where a decision of the Zoning Board of Appeals may be specifically required by the provisions of this chapter.
(B) In exercising the above powers, the Zoning Board of Appeals may, in conformity with the provisions of this act, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination and, to that end, shall have all the powers of the Zoning Administrator from whom the appeal is taken and may issue or direct the issuance of a permit. The Board, in the execution of the duties for which appointed, may subpoena witnesses, and, in case of contempt, may certify the fact to the Circuit Court having jurisdiction.
(Ord. 97-04, passed 12-19-1996)