In its consideration of a specific case, the Board must determine that the granting of a variance from the terms of this chapter will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and that the spirit of this chapter shall be observed and substantial justice done.
(A) In considering all appeals and any proposed exception or variance to this chapter the Board, before making any exception or variance in a specific case, shall first determine that:
(1) The granting of exception will not permit any use in any district which would be in conflict with the permitted uses of the district under the terms of this chapter;
(2) It will not impair an adequate supply of light and air to adjacent property;
(3) It will not unreasonably increase the congestion in public streets;
(4) It will not increase the danger of fire or of the public safety;
(5) If will not unreasonably diminish or impair established property values within the surrounding area; and
(6) It will not in any other respect impair the public health, comfort, safety, morals or welfare of the inhabitants of the city.
(B) The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which the Board is authorized by this chapter to render a decision.
(C) In exercising its powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and make the order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the Building Inspector from whom the appeal is taken.
(D) Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance or the zone map, the power and authority being reserved to the Common Council in the manner hereinafter provided in § 150.390 of this chapter.
(Prior Code, § 150.264) (Ord. 1978-4, passed 3-21-1978)