(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement of this chapter.
(B) Variances. To authorize upon appeal in specific cases variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district.
(b) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c) That circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer upon the applicant any special privileges that are denied by this chapter to other lands, structures or buildings in the same district.
(e) That no nonconforming use of neighboring land, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts will be considered grounds for the issuance of a variance.
(2) A public hearing shall be held. Notice of the public hearing shall be posted on the property for which the variance is sought and in a local newspaper at least 15 days prior to the public hearing. This legal notice shall describe the requested variance and appear at least once weekly for 2 consecutive weeks. At the public hearing which is held, any party may appear in person or by agent or by attorney.
(a) The Board of Adjustment shall make findings that the requirements of § 154.083 have been met for a variance.
(b) The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum one that will make possible the reasonable use of the land, building or structure.
(c) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(d) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 154.999 of this chapter.
(e) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.
(Ord. passed 5- -1977)