New Franklin Decisions of the Board ordinance (§ 405.240)

A. The Board shall take action only when it has determined that a permit has been incorrectly issued or denied or when it has determined that the ordinance has been incorrectly interpreted or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance signed by the Chairman and setting out any conditions to be met. A copy of the variance shall be sent to the Building Inspector who shall issue a building permit setting out the terms of the variance. In no case shall the Board issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Chapter. In all cases, the spirit and intent of this Title shall be observed, public safety and welfare secured and substantial justice done.

B. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this Title, reverse or affirm, wholly or partly, or may modify the order, requirements, 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.