The Board of Zoning Appeals shall:
(a) Hear and determine appeals from any order, requirement, decision or determination made by Planning Commission or the Code Enforcement Officer charged with enforcement of this ordinance;
(b) Permit and authorize conditional uses in specific districts as specified in this ordinance.
(1) The Board shall decide such questions as are involved in determining whether conditional uses should be granted; and grant conditional uses with such conditions and safeguards as are appropriate under this ordinance, or deny conditional uses when not in harmony with the purpose and intent of this ordinance.
(2) A conditional use shall not be granted by the Board unless and until a written application for a conditional use is submitted indicating the section of this ordinance under which the conditional use is sought.
(3) In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity of this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of the ordinance and punishable under the provisions of Article 1373.
(4) The Board shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use.
(c) Permit and authorize exceptions to the terms of the ordinance upon which the Board is required to act under the ordinance; and
(d) Authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where, by owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done.
(1) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this ordinance.
(2) Under no circumstances shall the Board grant a variance to allow a use not permitted under the terms of this ordinance in the district involved, or any use not expressly or by implication prohibited by the terms of this ordinance in said district.
(3) In exercising it powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the officer or board from whom the appeal is taken.
(Ord. 95-04, passed 8-29-1995)