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<br /> -63- <br /> C. Powers of board of adjustments: The board <br /> of adjustments shall have the following powers, and <br /> it shall be its duty: <br /> 1. To hear and decide appeals where it is <br /> alleged there 1S error in any order, <br /> requirement, decision or determination <br /> made by an administrative official or <br /> body in the enforcement of this ordinance. <br /> All appeals shall have the effect of staying <br /> the decision appealed from and, thereby, <br /> preserving the status quo until the appeal <br /> is decided in accordance with these rules. <br /> 2. The board shall have the power to authorize <br /> upon appeal in specific cases such variances <br /> from the terms of this ordinance as will not <br /> be contrary to the public interest, where, <br /> owing to special conditions, a literal enforce- <br /> ment of the provisions of this ordinance will <br /> result in unnecessary hardship, and so that <br /> the spirit of this ordinance shall be observed <br /> and substantial justice done. Such variances <br /> from the strict application of the terms of this <br /> ordinance must be in harmony with its purpose <br /> and intent, and shall be authorized only when <br /> the board is satisfied that the applicant has <br /> proven that the following conditions exist: <br /> a. That a literal enforcement of the provisions <br /> of this ordinance will result in unnecessary <br /> hardship. Financial hardship is not sufficient <br /> to show unnecessary hardship. <br /> b. That the property in question is not suitable <br /> and usable for uses permitted in the district <br /> in which it lies, even though there will be <br /> a loss of profit or other economic disadvantage <br /> on account of the use. <br /> c. That the unnecessary hardship was not self- <br /> inflicted. <br /> d. That any physical hardship is unique to the <br /> land or parcel involved, and is not shared <br /> in general by others in the neighborhood. <br /> e. That the variance will not alter the essential <br /> character of the locality, and the surrounding <br /> property will be protected. <br /> f. That the variance will not merely serve as <br /> a convenience to the applicant. <br /> g. That the variance requested is not in actuality <br /> a reclassification of land uses or the creation <br /> of new districts. Such action amounts to <br /> legislation, and may only be done by the <br /> legislative body of the municipality. <br /> 3. In hearing and deciding appeals, to grant special <br /> exceptions in the following instances: <br /> a. Interpret the provisions of this ordinance <br /> 1n such a way as to carry out the intent <br /> and purpose of the ordinance, as shown on <br /> the maps fixing the several districts, <br /> accompanying and made a part of this ordinance, <br /> where the street layout actually on the <br /> ground varies from the street layout as shown <br /> on said maps. <br />