(a) Special Uses. The Board of Zoning Appeals shall:
(1) Hear and determine appeals from and review any order, requirement, decision, or determination made by the Zoning Officer in the enforcement of this Zoning Ordinance.
(2) Permit and authorize special uses in specific districts as specified in this Zoning Ordinance.
(3) Hear and decide special uses to the terms of this Zoning Ordinance upon which the Board of Zoning Appeals is required to act under this Zoning Ordinance, decide such questions as are involved in determining whether special uses should be granted, and grant special uses with such conditions and safeguards as are appropriate under this Zoning Ordinance, or deny special uses when not in harmony with the purpose and intent of this Zoning Ordinance. A special use shall not be granted by the Board of Zoning Appeals unless and until a written application for a special use is submitted indicating the section of this Zoning Ordinance under which the special use is sought.
In granting any special use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which special use is granted, shall be deemed a violation of this Zoning Ordinance and punishable under the provisions of this Zoning Ordinance.
The Board of Zoning Appeals shall prescribe a time limit within which the action for which the special use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special use. The Zoning Officer shall be responsible for maintaining permits issued for special uses and conditions under which the special use is granted.
(b) Variances.
(1) Authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done. A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until:
A. A written application for a variance is submitted demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. That literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.
3. That the special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance to other lands, structures, or buildings in the same district.
5. That no nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, and buildings in other districts shall be considered grounds for the issuance of a variance.
B. A public hearing shall be held and notice of such public hearing shall be given in accordance with the provisions of this Zoning Ordinance.
C. The Board of Zoning Appeals shall make findings that the requirements of subsection (b)(1)A. hereof have been met by the applicant for a variance.
D. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
E. The Board of Zoning Appeals shall further make a finding that the granting of the variance will be in harmony with the general purposes and intent of this Zoning Ordinance, will not be injurious to the neighborhood, or otherwise be detrimental to the public welfare.
(2) In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance.
Under no circumstances shall the Board of Zoning Appeals grant a variance to permit a use not generally or by special use permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in said district.
(1977 Code Title 4A.)