The Zoning Board of Adjustment shall have the following powers and duties:
(A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer or Zoning Administration Officer in the enforcement of this chapter;
(B) To hear and decide special exceptions to the terms of this chapter upon which the Board of Adjustment is required to pass under this chapter (e.g., group projects);
(C) To authorize upon appeal in specific cases variances from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done; and
(D) The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. The variance may be granted in an individual case of unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist:
(1) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.
(2) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.
(3) A literal interpretation of the provisions of this section would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
(4) The requested variance will be in harmony with the purpose and intent of this section and will not be injurious to the neighborhood or to the general welfare.
(5) The special circumstances are not the result of actions of the applicant.
(6) The variance requested is the minimum variance that will make possible the legal use of the land, building or structures.
(7) The variance is not a request to permit a use of land, building or structure which is not permitted by right or by special exception in the district involved.
(Ord. passed 6-3-1996)