The Board shall have the following powers:
(A) Hear appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or body in the enforcement of this chapter;
(B) Special exceptions. To hear and decide special exceptions to the terms of this chapter upon which the Board is expressly required to pass under the provisions of this chapter;
(C) Variances.
(1) Authority to grant.
(a) To grant variances from the terms and standards of this chapter where the Board determines:
1. That granting the variance will not be contrary to the public interest;
2. Where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and
3. Where the spirit of this chapter will be observed and substantial justice done.
(b) Hardship refers to circumstances peculiar to the particular property. Financial or economic difficulties, or consequences of actions by the property owner, are not hardships for zoning purposes.
(2) Types of variances. More specifically, the Board may approve, conditionally approve or deny any request to grant variances from the following requirements of this chapter:
(a) Setback requirements;
(b) Yard requirements;
(c) Area requirements;
(d) Height requirements;
(e) Parking requirements;
(f) Fence and hedge requirements; and
(g) Sign requirements, including area, location or height.
(D) Action on appeals. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly; 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 officer(s) from whom the appeal is taken; and
(E) Required vote. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or body; to decide in favor of the applicant on any matter upon which it is required to pass under this chapter; or to grant any variance; or to effect any variation of this chapter.
(Prior Code, § 10-7-5)