The Board of Adjustment shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Building and Zoning Officer in the enforcement of the zoning ordinance;
(B) Special exceptions. To hear and decide only such exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of the zoning ordinance;
(C) Variances. To authorize upon appeal in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this subchapter would result in unnecessary hardship. A variance from the terms of this subchapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating that:
(a) 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;
(b) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the ordinance;
(c) The special conditions and circumstances did not result from the actions of the applicant; and
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning ordinance to other lands, structures or buildings in the same district. No non-conforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(2) The Board of Adjustment shall make findings that the requirements have been met by the applicant for a variance;
(3) The Board of Adjustment 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;
(4) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare;
(5) The application for a variance shall be accompanied by a fee to be determined by resolution of the City Council; and
(6) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the zoning ordinance.
(D) Moving of buildings. To authorize the issuance of a permit to move a structure within the corporate limits of the city pursuant of § 150.173.
(Prior Code, § 2-2-4)