(A) There is hereby created a Board of Zoning Appeals.
(B) The Board of Zoning Appeals shall:
(1) Hear and determine appeals from any order, requirement, decision or determination made by the Zoning Administrator;
(2) Permit and authorize exceptions to the district regulations in the particular situations specified in this subchapter. In granting an exception the Board may prescribe such conditions and safeguards, when made a part of the terms under which an exception is granted, shall void the exception granted and shall be a violation of this subchapter. The Board may prescribe a time limit within which the action for which the exception is required shall be started or completed, or both. Failure to begin or complete such action within the prescribed time limitation shall void the special exception; and
(3) Authorize upon appeal in specific cases such variance from the terms of this subchapter that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of this subchapter shall be observed and substantial justice done.
(C) An appeal to the Board requesting a variance shall demonstrate:
(1) The special conditions and circumstances exist which are peculiar to the land, structure or buildings in the same district;
(2) That literal interpretation of the provisions of this subchapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subchapter;
(3) The special conditions and circumstances do not result from the actions of the applicant; and
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this subchapter to other lands, structures or buildings in the same district.
(D) No nonconforming use of neighboring land, structure or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(E) In granting a variance the Board may prescribe such conditions and safeguards it deems appropriate in order to achieve the intent of this subchapter. Failure to comply with such conditions and safeguards, when made a part of the terms under which a variance is granted, shall void the variance granted and is a violation of this subchapter.
(F) Under no circumstances may the Board grant a variance to allow a use not permitted in division (C) above in the district involved.
(G) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the Zoning Administrator.
(1991 Code, § 32.60)