(A) The Board shall have all the powers and duties prescribed by law and by this code, including the following:
(1) Interpretation. Upon an appeal from any order, requirement, decision or determination by any administrative official, to decide any question involving the interpretation of any provision or term of this code.
(2) Area-bulk variance. To vary the strict application of the requirements of this code in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical condition, whereby such strict application would result in such practical difficulty and/or unnecessary hardship, but not a hardship caused or imposed by the owner, as would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any area-bulk variance, the Board shall prescribe conditions that it deems necessary and reasonable for the public interest, convenience, or welfare; and
(3) Grant special use permits. To grant special use permits as provided in Article IX of this code.
(B) However, no area-bulk variance shall be granted in any case unless the Board of Appeals finds:
(1) That there are special circumstances or conditions as fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, that such circumstances or conditions are such that strict application of the provisions of this code would deprive the applicant of a reasonable use of such land or building, and that such circumstances or conditions were not caused by the owner;
(2) That for reasons fully set forth in the findings, the granting of the variances is necessary for the reasonable use of land or buildings, and that the variance is the minimum variance that will accomplish this purpose; and
(3) That the granting of the variance will be in harmony with the general purpose and intent of this code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the neighborhood.
(Ord. 1070, § 40-7-4, passed 7-20-1998)