§ C. Powers and duties of the zoning board of appeals.

The zoning board of appeals shall have the following powers and duties:

(1)

Appeal of administrative decision. 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)

Granting of variances to terms of this ordinance. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of this ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding of the board of appeals that:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, character, topography, and

(b)

The application of this zoning ordinance to this particular piece of property would create an unnecessary hardship, and

(c)

Such conditions are peculiar to the particular piece of property involved, and

(d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance.

(3)

Provided, however, that no variance shall be granted for a use of land or building or structure that is prohibited by this ordinance.

(4)

In exercising the powers in this section conferred upon it, the board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from; and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.