Sec. 1204. - Jurisdiction.
(a) The board of appeals shall have the following powers, and it shall be its duty:
(1) To hear and decide appeals where it is alleged there is an error in an order, requirement, decision or determination made by the code enforcement officer in the enforcement of this ordinance;
(2) Upon recommendation of the planning commission, to hear and decide upon applications for conditional uses enumerated in this ordinance;
(3) To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this ordinance;
(4) To interpret the provisions of this ordinance in such way as to carry the intent and purpose of the plan, as shown upon the accompanying official zoning map made a part of this ordinance fixing the several districts where the street layout actually on this ground varies from the street layout on this map;
(5) Upon recommendation of the planning commission, to vary or modify the application of any of the regulations or provisions of the ordinance where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, so that the spirit of this ordinance shall be observed, public welfare and safety secured and substantial justice done.
(b) In exercising the above powers, the board may, in conformity with the provisions of this ordinance reverse or affirm, wholly or in part or may modify the order, requirement, decision or determination of the code enforcement officer and/or planning commission, and to that end shall have all the powers of the code enforcement officer and may issue or direct the issuance of a building permit. A majority vote of the members of the board shall be necessary to reverse any order, requirement decision or determination of the building official, or to decide in favor of the applicant, or on any matter upon which it is required to pass under the provisions of this ordinance.
(Ord. No. 2010-09-743, 9-7-10)
