The Board of Zoning Appeals shall have the following powers and duties:
(A) To hear and decide appeals where it is alleged there is error of law in any order, requirements, decision, or determination made by the Building Commissioner in the enforcement of this chapter;
(B) To permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of the effective date of this chapter;
(C) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district zone map fixing the several districts;
(D) To grant a variation in the regulations when a property owner can show that his or her property was acquired in good faith and where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, at the time of the effective date of this chapter or where, by reason of exceptional topographical conditions or other extraordinary or exceptional situations, the strict application of the terms of this chapter actually prohibits or unreasonably restricts the use of his or her property and where the Board is satisfied, under the evidence heard before it, that the granting of the variation will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the owner, provided, however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of this chapter and shall not constitute a direct and obvious amendment of any district regulations or district boundaries; and
(E) To permit the following exceptions to the district regulations set forth in this chapter by issuance of a permit maintaining conditions governing design, construction, or operation of the exception so as to adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property:
(1) The erection or use of a building or the use of a premises for public utility purposes only, which the Board finds to be reasonably necessary for the public convenience or welfare. The public utility structure may also be authorized by the Board to exceed the height and area regulations of the district in which it is located; and
(2) The reconstruction to begin within 12 months from the time of adjusted loss either by agreement or by court decree of a nonconforming building which has been damaged by explosion, fire, act of God or public enemy, to the extent of more than 50% of the cost of replacement of the entire building.
(Prior Code, § 156.027)