12-3-3: POWERS; CONDITIONS IMPOSED:
   A.   Powers Enumerated: The board of adjustment shall have the following powers:
      1.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this zoning code or any ordinance adopted pursuant hereto.
      2.   To hear and decide special exceptions to the terms of the zoning code upon which the board of adjustment is required to pass under such zoning code.
      3.   To authorize in specific cases such variance from the terms of the zoning code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning code will result in unnecessary hardship and so that the spirit of the zoning code shall be observed and substantial justice done.
      4.   To allow exceptions and/or variances only after notice and hearing as hereinafter provided.
      5.   To grant a variance upon a finding that:
         a.   The application of the zoning code to the particular piece of property would create an unnecessary hardship;
         b.   Such conditions are peculiar to the particular piece of property involved; and
         c.   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the zoning code or the comprehensive plan.
   B.   Conditions Of Actions:
      1.   In exercising the above mentioned powers, the board of adjustment may, in conformity with the provisions of this zoning code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.
      2.   The concurring vote of three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under the zoning code or to effect any variation in the zoning code. (Ord. 1997-3-1, 3-10-1997)