1.   Administrative Review. The Board shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Zoning Ordinance.

   2.   Special Exceptions. The Board shall have power to permit the following exceptions to the district regulations set forth in this Zoning Ordinance, subject to the requirements of this section:

      A.   To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, which the Board determines is reasonably necessary for the public convenience or welfare.

      B.   To permit the extension of a use into a district where it would otherwise be prohibited, in a case where a district boundary line is so located that a lot or plot is in more than one district.

      C.   To hear and decide only such other special exceptions as the Board is specifically authorized to pass on by the terms of this Zoning Ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Zoning Ordinance; or to deny special exceptions when not in harmony with the purpose and intent of this Zoning Ordinance. A special exception shall not be granted by the Board unless and until:

         (1)   A written application for special exception is submitted indicating the section of this Zoning Ordinance under which the special exception is sought and stating the grounds on which it is requested.

         (2)   Notice of public hearing is given in advance of the public hearing. The owner of the property for which special exception is sought, or his or her agent, and any other affected property owners, shall be notified by mail. Notice of hearing may also be posted on the property for which special exception is sought.

         (3)   The public hearing is held. Any party may appear in person, or by agent or attorney.

         (4)   The Board makes a finding that it is empowered under the section of this Zoning Ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

      D.   In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Zoning Ordinance.

      E.   The Board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

   3.   Variances.

      A.   The Board shall have power to authorize upon appeal, in specific cases, such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. A variance from the terms of this Zoning Ordinance shall not be granted by the Board unless and until:

         (1)   A written application for a variance is submitted demonstrating that:

            a.   Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district.

            b.   Literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.

            c.   The special conditions and circumstances do not result from the actions of the applicant.

            d.   Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance to other lands, structures or buildings in the same district. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

         (2)   Notice of public hearing is given in advance of public hearing. The owner of the property for which the variance is sought, or his or her agent, and any other affected property owners shall be notified by mail.

         (3)   The public hearing is held. Any party may appear in person or by agent or by attorney.

         (4)   The Board makes findings that the requirements of this section have been met by the applicant for a variance.

         (5)   The Board further makes a finding that the reasons set forth in the application justify the granting of the variance.

         (6)   The Board further makes a finding that the granting of the variance will be in harmony with the general purpose and intent of this Zoning Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

      B.   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance.

      C.   Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Zoning Ordinance.