The Board shall have the following powers and duties:
1. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of these regulations.
2. Special Exceptions: Conditions Governing Applications and Procedures. To hear and decide only such special exceptions as the Board is specifically authorized to pass on by the terms of these regulations to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under these regulations, and to deny special exceptions when not in harmony with the purpose and intent of these regulations. A special exception shall not be granted by the Board unless and until:
A. A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
B. Notice shall be given at least 15 days in advance of the public hearing by publication in a newspaper of general circulation in the City.
C. The public hearing shall be held. Any party may appear in person or by agent or attorney.
D. The Board shall make a finding that it is empowered under the section of this Zoning Code described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest. In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with these regulations. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these regulations. The Board shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall voids the special exception.
3. Variances: Conditions Governing Application: Procedures. To authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. A variance from the terms of these regulations shall not be granted by the Board unless and until:
A. A written application for a variance is submitted demonstrating that:
(1) 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) Literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Code;
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, nonconforming 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.
B. Notice of public hearing shall be given as in paragraph B, subsection 2 of this section.
C. The public hearing shall be held. Any party may appear in person or by agent or by attorney.
D. The Board shall make findings that the requirements of paragraph A of this subsection have been met by the applicant for a variance.
E. The Board 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 the land, building or structure.
F. The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the Zoning Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with these regulations. 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 this Zoning Code. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Code in said district.