A.

The board of adjustment shall have the following powers and duties:

(1)

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this appendix.

(2)

Variance. To authorize in specific cases, a variance from the terms of the zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.

(a)

Exceptions. Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of a zoning ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of this appendix in said district.

(3)

Special exceptions. To hear and decide special exceptions to the terms of a zoning ordinance when this appendix requires the board to do so.

(4)

To hear and decide other matters authorized by a zoning ordinance.

(5)

In exercising its authority, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose, the board has the same authority as the administrative official.

B.

Vote required. The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decision, or determination of an administrative official, decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance.

(Ord. No. 90-18, § 2, 7-23-1990; Ord. No. 2009-04, § 1, 5-24-2009; Ord. No. 2020-16, § 3, 4-6-2020)