10-1.

The Board of Adjustment shall have the following powers and duties:

(1)

Administrative Review: 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 ordinance.

(2)

Special Exception: To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance as "Permitted Special Exceptions," and to grant such special exceptions with such conditions as safeguards as are appropriate under this ordinance, or to deny such special exceptions when not in harmony with the purposes and intent of this ordinance.

A special exception shall not be granted unless and until:

a.

a written application for a special exception on the basis of "Permitted Special Exceptions" is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested.

b.

notice shall be given at least 15 days prior to the public hearing by posting of petition for special exception in four public places.

c.

a public hearing shall be held.

(3)

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

a.

A written application for a variance is submitted demonstrating:

1.

That 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;

2.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

3.

That the special conditions and circumstances do not result from actions of the applicant; and

4.

That granting the variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

b.

Notice shall be given at least 15 days in advance of public hearing by posting for two weeks in advance of said public hearing in four public places.

c.

A public hearing shall be held.

d.

The Board of Adjustment shall make a finding that the requirements for granting a variance have been met by the applicant for the variance.

e.

The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

f.

The Board of Adjustment shall make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. 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 ordinance and punishable under Section 9-8 (p. 103), 9-9 (p. 103) and 9-10 (p.104) of this ordinance.