§ 2.48.040. Board—Powers.

The board shall have the following powers:

A.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the enforcing officer in the enforcement of this chapter or the laws of the state pertaining to zoning;

B.

To hear and decide special exceptions to the terms of zoning ordinances and resolutions upon which such board is required to pass;

C.

To authorize upon appeal in specific cases such variance from the terms of zoning ordinances adopted by the city council of the former city of Butte or of those zoning resolutions and regulations adopted by the county commissioners of the former government of Silver Bow County, Montana, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinances and resolutions will result in unnecessary hardship, and so that the spirit of the zoning ordinances and resolutions shall be observed and substantial justice done;

D.

In exercising the abovementioned powers, such board may, in conformity with the provisions of these zoning ordinances and resolutions, reverse or affirm, whole or partly, or modify the order, requirement, decision, or determination appealed from and may make such 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.

(Ord. 7 § 7, 1977)