The Board of Zoning Appeals shall have the following powers and duties:
(a) Hear and decide appeals where it specifically finds that there is a material error of law or fact in any order, requirement, decision, or determination made by the Administrator in the enforcement of this Ordinance or any amendment or supplement adopted pursuant to the Ordinance.
(1) If the Board finds that there has been an error of law or fact, such error shall be specifically stated in its resolution of final disposition. There shall be no finding of an error of law unless supported by a written opinion of the Solicitor, or other licensed practicing attorney appointed by Council when special circumstances exist. If the Board is of the opinion that an error of fact may have occurred, and such error is of a technical nature not readily determined in the absence of technical assistance, such as relating to the location of building or boundary lines, area, height or distances, the Board shall request the Administrator to provide such technical assistance.
(b) Authorize upon appeal, such variations and exceptions from the terms of the Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, so that the intent of this Ordinance shall be observed and fundamental fairness achieved, and provided further that no variance shall be granted unless the Board finds that all of the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to the land and buildings in the zone.
(2) The granting of the application is necessary for the preservation and enjoyment of substantial property right and not merely to serve as a convenience to the applicant.
(3) That the condition for which a variance is sought did not result from action taken by the applicant.
(4) The authorizing of the variance will not impair the right of other property owners in the zone from the peaceful enjoyment of property rights, or create a danger of five or imperil public safety or unreasonably diminish or impair established property values.
(5) The applicant is not presently in violation of the Ordinance from which relief is sought.
(c) Interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the Ordinance, as shown on the Zoning Map fixing the several districts made a part of the Ordinance, where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
(d) Authorize the extension of a non-conforming use of a building or the creation of additional building upon the lot occupied by such non-conforming use of building on the effective date of this Ordinance, where such use or building will not be detrimental to or tend to alter the character of the neighborhood.
(e) Permit the construction of a building or portion of a building beyond the building line, subject to such conditions or limitation as the Board deems reasonable and necessary, provided that the general welfare or appropriate use or development of neighboring property is not harmed.
(f) Permit the extension of a building or use into a more restricted district, but not more than twenty-five feet beyond the boundary line of the district in which such use is authorized where a use district boundary line divides a lot in a single ownership on the effective date of this Ordinance.
(g) In granting a permit under any of the powers conferred above, the Board may stipulate the manner in which the variance or exception will be carried out, or may require other improvements and safeguards for the protection of other property owners in the zone or the general public. Specifically, the Board in such cases may attach conditions dealing with:
(1) Paving, shrubbery, or screening fence or wall.
(2) Control or elimination of smoke, dust, gas, noise, odor, etc.
(3) Hours and certain methods of operation:
A. Location of exits or show windows.
B. Cleaning and painting.
C. Elimination of other non-conforming uses of land and/or signs.
D. Direction and intensity of outdoor illumination.
E. Amount and location of off-street parking, loading areas and signs.
F. A period of time after which permitted variation or exception will expire. (Ord. 30-2007. Passed 12-20-07.)