(A) The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, or to make any change in terms of this chapter, but shall have power to act on those matters where this chapter provides for an administrative review, interpretation, or exception permit and to authorize a variance as defined in this section and laws of the state.
(B) Said powers include the following:
(1) Administrative review. To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the person or body charged with administering or enforcement of this chapter; and
(2) Variance.
(a) To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the owner of such property, provided, such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
(b) In granting or denying a variance, the Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it deems reasonable in furtherance of the purpose of this chapter. In granting or denying a variance, the Board of Appeals shall state the grounds upon which it justifies the granting or denying of a variance. A variance to permit a use not otherwise permitted within a zoning district (i.e., a “use variance”) may be permitted by the Board of Appeals.
(Ord. 259, passed 10-24-1995; Ord. 395, passed 12-7-2008; Ord. passed 2-1-2012)