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The Board shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in a decision by the Building Inspector in refusing building permits, certificates of occupancy or sign permits or where it is alleged there is error in a decision, notice or order issued by the code official and/or pursuant to the provisions of Chapter 1411 of the Codified Ordinances.
(Ord. C28-94. Passed 4-18-94.)
(b) To authorize upon appeal from a decision of the Building Inspector in refusing building permits, certificates of occupancy or sign permits, in specific cases, such variance from the terms of the Zoning Code and the Sign Code (Chapter 1145) upon the affirmative finding that:
(Ord. C89-90. Passed 11-5-90.)
(1) The variance granted will not be contrary to public interest or adversely affect the health or safety of persons residing or working in the vicinity of the proposed development or be injurious to private property or public improvements in the vicinity.
(2) Granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code or the Sign Code to other lands or structures in the same zoning district.
(3) A literal enforcement of the Zoning Code and the Sign Code will result in unnecessary hardship by depriving the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Code or the Sign Code.
(Ord. C52-80. Passed 9-2-80.)
(4) Special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in the same zoning district.
(5) The special conditions and circumstances do not result from the action of the applicant.
(6) The variance so granted does not violate the spirit of the Zoning Code.
In exercising the abovementioned powers, such Board may, in conformity with these sections reverse or affirm, wholly or partly, or modify the decision appealed from and may make such order, decision or determination not inconsistent with substantial justice and avoiding unreasonable hardship to property owners.
(Ord. C79-74. Passed 1-20-75.)