The Board of Zoning Appeals shall adopt such rules and regulations in accordance with this Zoning Code as may be necessary to carry into effect the powers and jurisdiction confirmed upon it as follows.
(a) The Board shall hear appeals on decisions made by the Zoning Inspector or the Building Inspector, on matters relating to the Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and may decide appeals by reversing or affirming, wholly or in part, or by modifying, such order, requirement, decision or determination, in accordance with the purpose and intent of this Zoning Code.
(b) The Board shall hear and decide upon an application for a variance where, owing to exceptional circumstances, such as exceptional narrowness, shallowness or unusual shape of a specific piece of property, on the effective date of this Zoning Code (Ordinance 74-O-128, passed October 17, 1974), or future legislative actions, or by reason of exceptional topographic conditions, or any other extraordinary 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 Zoning Code will result in hardship which is unnecessary to carry out the spirit and purpose of this Zoning Code. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of any variance. The Board may require such bond as may be necessary to guarantee that all special conditions required by the Board will be complied with. Such bond shall be set by the Municipal Engineer and shall not exceed the sum equal to the construction cost contemplated by any special condition. Hardship complained of cannot be self-created and cannot be claimed by one who purchases with or without the knowledge of restrictions; it must result from the application of this Zoning Code or future legislation and be suffered directly by the property in question. Evidence of a variance granted under similar circumstances shall not be sufficient in and of itself. For the purposes of this Zoning Code, a limitation upon the financial gain from the land and use shall not in and of itself constitute a hardship. Any variance requested or authorized shall be the minimum that will accomplish the purpose.
(c) The Board has the power to hear and decide, in accordance with this Zoning Code, applications filed as provided in § 1264.10, for special exceptions in the use of land, buildings and other structures, for interpretation of the Zoning Districts Map and for decisions upon other special questions on which the Board is authorized by this Zoning Code to pass. In considering a special exception or interpretation of such Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures and, in authorizing a specific exception, may impose such maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular exception, as the Board may deem necessary for the protection of adjacent properties and the public interest. The Board is not empowered to change the character or zoning classification in any district, except in accordance with §§ 1262.11 through 1262.18.
(Ord. 74-O-128, passed 10-17-1974)