The Board of Zoning Appeals has the following powers:
(A) Appeal from Zoning Administrator: Any person aggrieved by a decision of the Zoning Administrator may appeal that decision to the Board of Zoning Appeals in writing on a form provided by the Zoning Administrator within 15 days after actual notice of the decision. An appeal stays the implementation of the decision of the Zoning Administrator unless he certifies to the Board that a stay would cause imminent peril to life or property. The Board may affirm or revers, wholly or in part, or may modify the decision by a written order separately stating finds of fact and conclusion of law.
(B) Variances.
(1) An owner or authorized agent may appeal to the Board on a form provided by the Zoning Administrator for a variance from the requirements of the zoning ordinance when the district application of regulations would result in unnecessary hardship. A variance may be granted if the Board makes all of the following findings and conclusions in a written order:
(a) There are extraordinary and exceptional conditions pertaining to a particular piece of property;
(b) These conditions do not generally apply to other property in the vicinity;
(c) Because of these conditions, the application of the ordinance to particular piece of property would effectively prohibit or unreasonably restrict utilization of the property;
(d) The authorization of the variance will not be substantial detriment to adjacent property or to public good, and the character of the district will not be harmed by the granting of the variance;
(e) The effect of the variance would not allow the establishment of a use not otherwise permitted in the zoning district; would not extend physically a nonconforming use of the land; would not change the zoning district boundaries shown on the official zoning map.
(2) The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. In granting a variance, the Board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure or use as the Board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare. Failure to begin or complete an action for which a variance is granted within the time limit specified as a condition of the variance shall void the variance.
(C) Special exceptions. An owner or authorized agent may appeal to the board on a form provided by the Zoning Administrator for a special exception for a use permitted by district regulations as a special exception after review, subject to applicable criteria. The Board shall consider the following factors in determining whether a special exception should be granted, in addition to specific criteria in district regulations:
(1) Traffic impact;
(2) Vehicle and pedestrian safety;
(3) Potential impact of noise, lights, fumes, or obstruction of air flow on adjoining property;
(4) Adverse impact of proposed use on aesthetic character of the area; and
(5) Orientation and spacing of improvements of structures. The Board may prescribe appropriate conditions and safeguards to relieve or reduce adverse impact of a special exception and to protect the character of the area.
(Ord. passed - - )