(A) Establishment and composition. The Planning Commission shall serve as the Board of Zoning Adjustment and Board of Adjustment.
(B) Duties.
(1) The Board of Zoning Adjustment shall:
(a) Hear and decide appeals where it is alleged that an error has been committed in any order, requirement, decision, or determination made in the administration of the Zoning Code; and
(b) Hear requests for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to recommend granting the variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of the Zoning Code.
(2) The Board may not recommend permitting as a variance any use that is not permitted under the Zoning Code for property in the zone where the affected person’s land is located. The Board may impose conditions under its recommendations in granting variances to insure compliance and to protect adjacent properties. Board recommendations shall be limited to the following:
(a) To vary or modify the strict application of any of the regulations or provisions contained in the Zoning Code in cases in which there are practical difficulties or unnecessary hardships in the way of the strict application;
(b) To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of passage of the Zoning Code, but the extension of any district shall not exceed 100 feet.
(1998 Code, § 2.08) (Am. Ord. 115, 5th Series, passed 6-5-2001)