The Board of Zoning Appeals shall have all the powers and duties prescribed by law and by this chapter, including the following:
(A) Interpretation. Upon an appeal from a decision by any administrative official, to decide any question involving the interpretation of any provision or term of this chapter, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto;
(B) Variances. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in such practical difficulty and/or unnecessary hardship as would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the Board shall prescribe any conditions that it deems to be necessary or desirable for the public interest, convenience or welfare. However, any “use variance” shall be subject to the applicable provisions of § 156.114, and no other variance in the application of any provisions of this chapter shall be granted by the Board unless it finds:
(1) That there are special circumstances or conditions fully described in the findings, applying to the land or buildings for which the variances are sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of a reasonable use of such land or building;
(2) That, for reasons fully set forth in the findings, the granting of the variances necessary for the reasonable use of land or buildings, and that the variance as granted by the Board is the minimum variance that will accomplish this purpose;
(3) That the granting of this variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the neighborhood which would appropriately be the proper jurisdiction of the Village Board of Trustees for consideration of rezoning of the area rather than a variance which would affect only a small segment of the area.
(C) Permits for variances and special permits. To issue or authorize permits for any of the uses or matter for which this chapter allows or requires the obtaining of a variance or special permit from the Board of Zoning Appeals.
(`92 Code, § 40-7-4)