1264.03 SPECIFIC FUNCTIONS; POWERS AND DUTIES RELATING TO ZONING.
   The functions of the Board of Zoning Appeals shall be in accordance with the City Charter and as follows:
   (a)   No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond a reasonable doubt, that all of the following facts and conditions exist:
(1)   That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties or classes of uses in the same zoning district;
(2)   That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;
(3)   That the authorization of such variance will not be of substantial detriment to adjacent or nearby properties and will not impair the purposes of this Zoning Code or the public interest; and
(4)   That such variance shall in no manner or guise be construed to mean a change of use, but shall mean only a variation from or modification of the provisions of this Zoning Code.
   (b)   The Board shall interpret the provisions of this Zoning Code where there is doubt as to their meaning or application.
   (c)   The Board shall grant conditional zoning permits for the use of land, buildings or other structures, if permits for such uses are provided for in this Zoning Code.
(1)   When authorizing a conditional zoning permit or permitting a conditional use as provided herein, the Board may prescribe such additional conditions as are in its opinion necessary for the protection of adjacent properties and the public interest.
(2)   In considering an application for a conditional use, the Board shall establish beyond a reasonable doubt:
         A.   That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community;
         B.   That such use will not, under the circumstances of the particular case, be detrimental or injurious to property or improvements in the vicinity; and
         C.   That the proposed use will comply with the regulations and conditions specified in this Zoning Code for such use, if any are so specified.
   (d)   The Board shall exercise such other powers as may be granted to the Board by this Zoning Code, by any amendment thereto, by the City Charter or by applicable laws of the State.
      (Ord. 66-103. Passed 12-19-66.)