In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partially, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination on the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variation in the application of this Ordinance. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(b) To authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Ordinance will not result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
(d) The Board of Zoning Appeals shall have the authority to grant exceptions. An exception is a use permitted only after review of an application by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough or are too general to cover all applications without interpretation of the Board of Zoning Appeals. In granting an exception, the Board may impose such conditions as it may deem necessary to protect the public health, safety or welfare and to further the purpose and intent of the Zoning Code. The Board shall not, however, have the right to change the intent of this Zoning Code by permitting any use that cannot be reasonably interpreted as intended in the district in question.
(Ord. 811. Passed 10-6-97.)