The Board shall have the following powers and it shall be its duty:
(A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter;
(B) To hear and decide by granting or denying an exception to the provisions of this chapter including, but not limited to, the following instances:
(1) A request for the extension of a district, where the boundary line of a district divides a lot or tract held in single ownership at the time of passage of this chapter;
(2) Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the zoning plan, as shown on the zoning map, where the street layout actually existing on the ground varies from the street layout as shown on the map;
(3) Permit the reconstruction of a non- conforming building which has been damaged by fire or other causes to the extent of more than 80% of its actual value, where the Board finds that the public interest will be best served by permitting a continuance of the non-conforming use; and
(4) Waive or reduce the parking and loading and unloading berth requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading and unloading berth facilities, or whenever the regulations would impose an unreasonable hardship upon the use of the premises as distinguished from merely granting an advantage or a convenience.
(C) To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass under this chapter; and
(D) Except as may otherwise be specifically provided in this chapter, the Board shall have authority to authorize, upon appeal in specific cases, variances from the terms of this chapter, when the following is made to appear by the property owners:
(1) A strict compliance with the terms of this chapter relating to the use, construction or alteration of buildings or structures, or the use of land, will impose upon the owner unusual and practical difficulties or particular hardships;
(2) The variance would be in harmony with the general purpose, intent and spirit of this chapter; and
(3) By granting the request for a variance substantial justice will be done and the granting of the requested variance will not serve merely as a convenience to the applicant, but will alleviate a demonstrable hardship, and at the same time surrounding property will be reasonably protected.
(Prior Code, § 150.263) (Ord. 1978-4, passed 3-21-1978)
Statutory reference:
Powers and duties, see I.C. 36-7-4-918.1 through 36-7-4-918.8