(A) Powers. The Board of Adjustment shall have the power to:
(1) Hear and decide appeals if it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any provision of this title;
(2) Hear and decide special exceptions to this title to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which, if controlled in the particular instance as to its relationship to the neighborhood and the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by this title, and in accordance with the substantive and procedural standards of this title;
(3) Authorize, in specific cases, a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this title when such cases are shown not to be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and so that the spirit of this title shall be observed and substantial justice done; provided, however, the Board shall have no power to authorize variances as to use, except as provided by subsection (A)(4) below; and
(4) Hear and decide oil and/or gas applications or appeals. The Board of Adjustment shall be required to make the findings prescribed by § 11-3-7 in order to grant a variance as to use with respect to any such application or appeal.
(B) Notice and hearing.
(1) Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided for in § 11-3-8. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question; otherwise said variance or special exception shall be voidable on appeal to the District Court.
(2) When exercising the powers provided for in this section, the Board of Adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed and may make such order, requirement, decision or determination as ought to be made.
(Prior Code, § 11-3-4) (Ord. 80-29, passed 12-16-1980)