(A) The ZBA shall have the power:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, or of any ordinance adopted pursuant thereto; and
(2) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(B) The ZBA may permit, in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for the public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(C) The ZBA shall act upon all questions as they may arise in the administration of this chapter, including interpretation of the Zoning Map. The ZBA may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination appealed from and shall make an order, requirement, decision, or determination as in its opinion ought to be made, and to that end shall have all powers of the officer from whom the appeal was taken. It may issue or direct the issuance of a permit. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.
(D) If there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, the Board of Appeals may in passing upon appeals grant a variance in any of its rules or provisions relating to the construction of, or structural changes in, equipment, or alteration of buildings or structures, or the use of land, buildings, or structures, so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.
(Prior Code, § 154.353) (Ord. 48, passed 6-21-2005)