The ZBA 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 director in the administration, interpretation, or enforcement of this Code, or by another other official with appropriate authority, including but not limited to the Director of Engineering, and Director of Water and Sewer, in the administration of this Code. The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the director, official or administrative officer. The ZBA shall, however, only reverse or modify such a decision or determination after conducting a public hearing if the ZBA determines the director, official or administrative officer was clearly erroneous in his interpretation, administration or enforcement of the Code. It is not sufficient grounds to reverse a decision by the director or other official if the ZBA merely disagrees with the decision.
(B)To consider and grant, with or without conditions, one or more variances, as outlined in Chapter 8 and Chapter 18 of the Code. In deciding whether to grant such a variance request, the ZBA must base its decision on consideration of the criteria delineated in Section 8-6.4 (B)(4)(a) or Section 18-5.18 and 18-11.3 of the Code. Variance requests that apply to assemblages of four (4) or more existing or proposed lots or units shall be relegated to the Board of Commissioners for consideration; the Commissioners shall base decisions upon the same criteria as the ZBA. Variances described in section 8-6.4(A) may be approved administratively by the director without being presented to the Zoning Board of Appeals for consideration.
(C)To hear and decide appeals made pursuant to other County ordinances granting jurisdiction to the ZBA. Unless otherwise provided for in the applicable ordinance, the ZBA’s authority shall be limited to reviewing the appropriate official’s interpretation, administration, or enforcement of the ordinance.
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the director, official or administrative officer. The ZBA shall, however, only reverse or modify such a decision or determination after conducting a public hearing if the ZBA determines the Director, official or administrative officer was clearly erroneous in his interpretation, administration or enforcement of the ordinance. It is not sufficient grounds to reverse a decision by the director or other official if the ZBA merely disagrees with the decision. If a fine is at issue, the ZBA has the authority to reduce the fine but may not increase it.
ARTICLE IV, APPEAL OF AN ADMINISTRATIVE DECISION OR ORDINANCE DECISION: