(a) The Board of Zoning Appeals shall:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of this zoning ordinance, as amended.
(2) Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in this ordinance, as amended.
(3) Hear and decide special exceptions to the terms of this ordinance upon which the Board is required to act under this ordinance.
(4) Authorize upon appeal in specific cases such variance from the terms of this ordinance as shall not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance shall result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.
(5) Recommend to the Engineering Department a monetary penalty where, by clear and convincing evidence, it is shown that a property owner or contractor intentionally acted in disregard of the zoning laws of the City, which require a variance from such zoning laws in certain instances. This monetary penalty shall be in the amount of five dollars ($5.00) per square foot for yard and sign (area) variances, and ten dollars ($10.00) per foot on sign (height) variances.
(b) In exercising its powers, the Board may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from as, in its position, 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. 1546. Passed 8-21-86.)