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 these Sections or of any ordinance adopted pursuant thereto.

To hear and decide all matters referred to it or upon which it is required to pass under such ordinance.

In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.

In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this Chapter, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

The variance requested arises from a condition which is unique and peculiar to the property in question and which is not prevalent in the neighborhood and ordinarily not found in the same zone or district and, further, is not created by an action or actions of the property owner or applicant.

The granting of the variance will not adversely affect the rights of adjacent property owners or residents.

The strict application of the provisions of the regulations complained of will constitute unnecessary hardship to the applicant.

The variance requested will not adversely affect the public health, safety, morals or general welfare of the community.

The granting of the variance will not be opposed to the general spirit and intent of the ordinance from which the variance is sought.

In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of these regulations.

The Board may require the variance to be recorded with the County Recorder of Deeds to be effective.

The Board may require a performance bond to guarantee the installation of improvements such as parking lot surfaces, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined and shall be enforceable by or payable to the City in the sum equal to the cost of constructing the required improvements.

In place of a performance bond, the Board may set the effective date for such variance as subsequent to completion of such conditions, safeguards and restrictions. In lieu of the performance bond or delayed effective date, the Board may specify a time limit for completion of such required improvements and in the event the improvements are not completed within the specified time, the Board may, at a regularly scheduled meeting and after notice to applicant, revoke the granting variance.