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The Board of Zoning Adjustment shall have the following powers:
(A) Administrative review.
(1) To hear and decide appeals where it is alleged by the appellants that there is error in any order, requirement, permit, decision, determination or refusal made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision of this chapter; and to interpret the zoning map; and
(2) The concurring vote of a simple majority of those Board members present shall be necessary to reverse, or modify any order or decision of an administrative official. The appeal shall be taken within 60 days.
(B) Special exceptions. To hear and decide applications for special exceptions as specified in this chapter and for decisions on any special questions upon which the Board of Zoning Adjustment is specifically authorized to pass; and
(C) Variance. To hear and decide on applications for a variance from the terms of this chapter because of unnecessary hardship and to authorize in specific cases the variance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of the ordinance will, in an individual case, result in a practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(1) Before any variance is granted, all of the following conditions must be shown to be present:
(a) Conditions and circumstances are peculiar to the land, structure or building and do not apply to neighboring lands, structures or buildings in the same district;
(b) Strict application of the provisions of this chapter would deprive the applicant of reasonable use of the land, structure or building equivalent to the use permitted to be made of neighboring lands, structures or buildings in the same district under the terms of this chapter;
(c) The peculiar conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter; and
(d) Relief, if granted, will not cause substantial detriment to the public good or impair the purposes and intent of this chapter.
(2) Financial disadvantage to the property owner shall not constitute conclusive proof of unnecessary hardship within the purpose of zoning.
(3) The Board does not possess the power to grant a variance to permit a use of land or building or structure that is specifically prohibited by this chapter or to permit a use not generally or by special exception permitted in the district involved.
(4) In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.
(5) In exercising the above powers, the Board, in conformity with the provisions of this chapter, may affirm, modify or revise, wholly or in part, the order, requirement, decision or determination and to that end shall have all the powers of the officer from which the appeal is taken and may issue or direct the issuance of a permit.
(2000 Code, App. B, § 105)