§ 5. Powers.

The board of adjustment shall have the following powers:

(1)

Power to hear and decide appeals.

(2)

Powers relative to variances: Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of these regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, the board of adjustment is hereby empowered to authorize upon an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship, but may establish such requirements relative to such property as would carry out the purpose and intent of these regulations.

(3)

Powers relative to exceptions: Upon appeal, the board of adjustment is hereby empowered to permit the following exceptions:

(a)

To permit the extension of a district not to exceed one hundred (100) feet where the boundary lines of a district divide a lot in single ownership as shown of record.

(b)

To interpret the provisions of these regulations where the street layout actually on the ground surface varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of these regulations.

(c)

To permit, after public notice and hearing, a temporary building for commerce or industry in a dwelling district which is incidental to the residential development, such permit to be issued for a period of not more than one (1) year.

In exercising the above mentioned powers, the board of adjustment may, in conformance with the provisions of these regulations, reverse or affirm, wholly or partly, or may 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. In considering all appeals from rulings made under these regulations, the board shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of Columbus, Mississippi. Every ruling made upon any appeal to the board of adjustment shall be accompanied by a written finding of fact, based upon the testimony received at the hearing afforded by the board of adjustment, and shall specify the reason for granting or denying the appeal.