SECTION 18.5 POWERS OF BOARD OF ADJUSTMENT:
Upon initial applications or appeals from decisions of the Code Enforcement Director, the Board of Adjustment shall have the following powers:
   A.   To hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusually shape of a site on the effective date of this Ordinance, or by reason of exceptional topographic conditions, or some other extra ordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of the zoning ordinance would deprive the applicant of reasonable capacity to make use of the land.
   B.   To hear and decide appeals where it is alleged, by the appellant, that there is an error in any order, requirement, decision, grant or refusal made by a Zoning Administrator in the enforcement of this Ordinance. Such appeal shall be taken within sixty (60) consecutive calendar days.
   C.   To hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met as specified in SECTION 9.13 of this Ordinance.
   D.   To hear and decide, in accordance with the provisions of this Ordinance, requests for interpretation of the Official Zoning Map or for decisions upon other special questions upon which said Board is authorized to act upon.
   E.   To hear and decide, in accordance with the provisions of this Ordinance and the adopted Comprehensive plan for the City of Newport, requests for the change from one nonconforming use to another.
(Am. Ord. O-2019-006-A, passed 3-25-2019)