In exercising its duties, the Board may, as long as such action is in conformity with the terms of this zoning ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determinations as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. If the Board convenes and all five members of the Board are present, the concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this zoning ordinance or to effect any variation in the application of this zoning ordinance. Should the Board convene and only four members of the Board are present, the concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this zoning ordinance or to effect any variation in the application of this zoning ordinance. The Board may not render a decision with less than four voting members present at any given hearing. For the purpose of this zoning 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 zoning ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this zoning ordinance will result in unnecessary hardship, and so that the spirit of this zoning ordinance shall be observed and substantial justice done;
(c) To grant conditional use permits as specified in the Official Schedule of District Regulations and under the conditions specified in Chapter 1173 and such additional safeguards as will uphold the intent of this zoning ordinance.
(Ord. 811. Passed 9-7-93.)