The Board of Zoning Appeals shall:
(A) Hear and determine appeals from and review:
(1) Any order, requirement decision or determination made by an administrative official, hearing officer or staff member under this chapter;
(2) Any order, requirement, decision or determination made by an administrative board or other body, except a Plan Commission in relation to the enforcement of this chapter; or
(3) Any order, requirement, decision or determination made by an administrative board or other body, except a Plan Commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location or occupancy permit.
(B) In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and, to that end, shall have all the powers of the officer or board from whom the appeal is taken.
(C) Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in this chapter.
(D) (1) Approve or deny all special exceptions from the terms of this chapter, but only in the particular situations specified in this chapter and only upon a determination in writing that:
(a) The special exception is consistent with the spirit, purpose and intent of this chapter;
(b) It will not substantially and permanently injure the appropriate use of neighboring property; and
(c) It will substantially serve the public convenience and welfare.
(2) The Board may impose reasonable conditions as a part of its approval.
(E) Hear and determine requests for substitutions or extensions of non-conforming uses.
(F) Approve or deny variances from the development standards such as height, bulk or area of this chapter. A variance may be approved under this section only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of this chapter will result in practical difficulties in the use of the property.
(G) Approve or deny variances of use from the terms of this chapter. The Board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the Comprehensive Master Plan.
(Ord. passed 3-10-1993)