The Board of Appeals shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows.
(A) Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(B) Variances.
(1) To vary or adapt the strict application of any of the requirements of this chapter in the cases of exceptionally irregular, narrow or shallow lots, other exceptional physical conditions, or other unique circumstances, whereby the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(2) No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
(a) There are special circumstances of conditions, fully described in the findings, applying to the land or building for which the variance is sought;
(b) The special circumstances or conditions are peculiar to the land or buildings for which the variance is sought and do not apply generally to land or buildings in the neighborhood;
(c) The circumstances or conditions are such that the strict application of the provisions of this chapter could deprive the applicant of the reasonable use of the land and building or presents a significant particular hardship to reasonable use of the land;
(d) For reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building; or to overcome the significant hardship to reasonable use of the land or building;
(e) The variance as granted by the Board is the minimum variance that will accomplish this purpose;
(f) The granting of the variance will be in harmony with the general purpose and intent of this zoning ordinance;
(g) The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
(h) The granting of the variance will not be in conflict with the Comprehensive Plan.
(3) In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
(Ord. passed 7-23-2002)