The Board of Zoning Appeals shall have the following powers:
(a) The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance.
(Ord. 22-72. Passed 8-1-72.)
(b) The Board shall have the power to authorize, upon appeal, in specific cases, such variances from the terms of the zoning ordinances as will not be contrary to the public interest.
(1) In requests for variances involving only matters of area, the applicant must demonstrate that he has encountered practical difficulties in the use of this property. Practical difficulties include but are not limited to:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the variance is substantial;
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
D. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
E. Whether the property owner purchased the property with knowledge of the zoning restriction;
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(2) In all other variances, the applicant must demonstrate that a literal enforcement of the zoning ordinance will result in unnecessary hardship, and that the spirit of this Zoning Ordinance would be observed and substantial justice done.
In granting a variance, the Board may impose such conditions as it may deem necessary to protect the public health, safety and morals and in furtherance of the purposes and intent of this Zoning Ordinance.
(Ord. 24-05. Passed 11-15-05.)
(c) The Board shall have no authority to permit a use where such use is not permitted by this Zoning Ordinance.
(Ord. 22-72. Passed 8-1-72.)