§ 156.437 POWERS AND DUTIES.
   The Board of Appeals shall have the following powers and it shall be its duty:
   (A)   To hear and decide appeals from and review any order, requirement, decision or determination made by the Director of Building and Housing in the enforcement of these zoning regulations;
   (B)   To hear and decide all matters specifically referred to it in these zoning regulations;
   (C)   On appeal or upon its own motion, to interpret any provision of these zoning regulations where there is doubt as to the meaning or application;
   (D)   On appeal or on its own motion to determine the location of any district boundary line shown upon the zoning map of the city adopted as a part of these zoning regulations when such location is in doubt;
   (E)   To permit a limited increase in the number of employees permitted in processing activities in the commercial district, but only when such increase will not adversely affect the character of the establishment, will not be detrimental to or affect the character of surrounding development and will not increase traffic or parking congestion;
   (F)   To determine and vary the application in harmony with the general purpose and intent of these zoning regulations where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations relating to the use, construction or alteration of buildings or structures or the use of land;
   (G)   In its consideration of the standard of practical difficulties or particular hardship, to require evidence that:
      (1)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
      (2)   The plight of the owner is due to unique circumstances; and
      (3)   The variation, if granted, will not alter the essential character of the locality.
   (H)   To permit a variation only if the evidence, in the judgment of the Board, sustains each of the three conditions enumerated above.
(Prior Code, § 156.357)