(A) Any decision of the Planning Administrator in the enforcement of this chapter may be appealed to the Board by any person claiming to be adversely affected by the decision.
(1982 Code, § 156.29) (Ord. 12-1964, passed 8-11-1964)
(B) The Board shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Planning Administrator in the enforcement of this chapter;
(2) Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in the section;
(3) Hear and decide on permits for special exceptions, development plans or other uses on which the Board is required to act under this chapter; and
(4) Authorize on appeal in specific cases variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(C) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed form as in its opinion ought to be done in the premises. To that end, the Board shall have all the powers of the Planning Administrator from whom the appeal is taken.
(D) Every decision of the Board shall be subject to review by certiorari.
(E) No variance in the application of the provisions of this chapter shall be made by the Board relating to buildings, lands or premises now existing or to be constructed, unless after a public hearing, the Board shall find:
(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district;
(2) That a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question;
(3) That the granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity and district in which the property is located; and/or
(4) That the granting of a variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets.
(1982 Code, § 156.29) (Ord. 12-1964, passed 8-11-1964)
