The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning Inspector or other administrative official in the enforcement and interpretation of the provisions of this Zoning Ordinance.
(a) Variances; Literal Enforcement Would Create Undue Hardship. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided such variances from the terms, provisions or requirements of this Zoning Ordinance as will not be contrary to the public interest; provided, however, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Ordinance would result in practical difficulty or undue hardship, so that the spirit of the Zoning Ordinance shall be upheld, public safety and welfare secured and substantial justice done.
(b) Variances; Conditions Prevailing. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Ordinance, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Ordinance would involve practical difficulty or would cause unnecessary hardship-unnecessary to carry out the spirit and purpose of this Zoning Ordinance-the Board shall have the power to authorize a variance from the terms of this Zoning Ordinance, so as to relieve such hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Zoning Ordinance and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
(c) Findings of the Board. No such variance of the provisions or requirements of this Zoning Ordinance shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:
(1) Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.
(2) Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
(3) Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Ordinance of the public interest.
(d) Not of General Nature. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of such property, for which variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.
(e) Board May Reverse Orders, Etc. In exercising its power, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, 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 powers of the office from whom the appeal is taken.
(Ord. 21-67. Passed 12-4-67.)