The Board of Zoning Appeals shall have the power to hear and decide appeals of
decisions of the Zoning Administrator, to grant variances for uses in any district set forth in this Zoning Code, and to hear and decide requests for such special exceptions in accordance with the procedures herein. Upon the granting of variances or the approval of special exceptions by the Board, the Zoning Administrator may issue zoning approval. The Board of Zoning Appeals shall have the following powers:
(a) To grant variances for front, side or rear yard requirements whenever the provisions of this Zoning Code with respect to these requirements affect construction on any lot which is nonconforming as to size or area as a result of the adoption of this Zoning Code. Owners of such property must show that the normal application of the standards of the zoning district in which the lot is located would deprive the owner of practicable use of the lot or would be contrary to established front, side or rear yard setbacks by a majority of the structures within the same block in which the lot is located. Such variances shall be to the minimum degree necessary to permit reasonable use of the lot. Such variances shall not be granted if a majority of the buildings on lots within the block in which the lot for which the variance is requested are not substandard with respect to the variances being requested.
(b) To decide, in case of question, the exact location of a zoning district boundary line on the Zoning Map or as to the interpretation or application of any of the provisions of this Zoning Code by the Zoning Administrator.
(c) To hear any appeal by a property owner as a result of the denial of zoning approval by the Zoning Administrator when the property owner holds that such denial is unreasonable or unjust or would require him to adhere to standards not adhered to by at least fifty-one (51) percent of the properties within the block in which the lot is located.
(d) Where the Zoning Code has stated certain uses are permitted only by special exceptions to be granted or denied by the Board, the Board shall hear and decide requests for such special exceptions in accordance with the procedures herein.
(e) To attach such reasonable conditions and safeguards for the approval of zoning for which the variance or special exception is granted as deemed necessary to implement the purposes of this Zoning Code, which shall be described on such approval by the Zoning Administrator. Failure to adhere to such conditions of approval will automatically invalidate the right of a property owner to proceed further under such approval.
(Ord. 2011-70. Passed 10-11-11.)