§ 94.0. Decisions of the Zoning Board of Adjustment.

In exercising the above-mentioned powers, the Board of Adjustments shall reverse or affirm, wholly or in part, shall modify the order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this Ordinance, and to that end, shall have the powers of the Administrative Office 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 the Administrative Office, to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in the application of this Ordinance.

Any person or persons, aggrieved by any decision of the Zoning Board of Adjustment may within fifteen (15) days hereafter appeal the decision to the appropriate court of law by filing with the Zoning Board of Adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal, the Board shall cause a transcript of the proceeding in the action to be certified to the court to which the appeal is taken, and the action in such court shall be tried de novo.

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

94.1 To hear and decide where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto.

94.2 To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.

94.3 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 the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. In exercising the above mention powers, such Board may, in conformance with the provisions of this article, reverse or affirm, wholly or partly, or may modify the 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 applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.