(a) The Board of Zoning Appeals shall hear and determine all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of the Zoning Ordinance. The Board shall hear and determine all appeals from the refusal of the Zoning Inspector or Planning Commission, because of anything contained in the Zoning Ordinance, to issue zoning certificates or conditional zoning certificates, and the Board shall have the power as limited herein to direct the issuance of a zoning certificate or conditional zoning certificate. The Board of Zoning Appeals, as herein created, is a body of limited powers as specifically set forth in this section:
(1) Interpretation. Upon appeal from a decision by an administrative official, the Board shall have the power to decide any question involving the interpretation of any provision of the Zoning Ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) Variances. The Board shall have the power to vary or adapt the strict application of any of the requirements of the Zoning Ordinance in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case.
(b) No variance in the strict application of any provision of the Zoning Ordinance shall be granted by the Board unless it finds:
(1) That there are special circumstances or conditions fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that the circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant of the reasonable use of such land or building;
(2) That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board 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 the Zoning Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(c) In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
(d) The Board has no authority to authorize a change of any parcel of land from one zoning use district to another zoning use district nor has the Board any authority to allow the construction of uses in any district which uses are not among the list of permitted or conditionally permitted uses for that district, nor has the Board any original jurisdiction to grant conditional zoning certificates.
(Ord. 1500. Passed 12-14-99.)
(Ord. 1500. Passed 12-14-99.)