Upon appeal, the board of adjustment shall have the following powers:
1. Alleged Error: To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made in the enforcement of this title.
2. Variances: To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest, where owing to special conditions, literal enforcement of the provisions of this title will result in unnecessary hardship: provided, that the spirit of this title shall be observed and substantial justice done. Before any variance may be authorized, however, the appellant must show that:
1. The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.
2. Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same zone.
3. That because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. (Ord. 93-3, 9-1-1993)
3. Exceptions Or Conditional Uses:
1. To hear and decide requests for special exceptions or conditional uses upon which the board is authorized to pass as herein set forth; provided, that the board shall not act upon matters which have not been specifically delegated to it by the terms of this title. (Ord. 93-3, 9-1-1993; amd. 2004 Code)
2. The special exceptions or other special requests upon which the board of adjustment shall be authorized to pass are:
1. Transition At Zone Boundaries: Where a district boundary line divides a lot in single ownership at the time of the passage of the ordinance codified herein, the board of adjustment may permit a use authorized on either portion of such lot to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such district in which such use is authorized.
2. Dwelling; Streets: To permit the division of land which, at the effective date hereof, is at least one and three-fourths (13/4) times as large in area as required for one lot, provided it will not cause undue concentration of population and the characteristics of the zone in which the lot is located will be maintained. (Ord. 93-3, 9-1-1993)