(a) The Zoning Board of Appeals shall have as its duty the hearing and deciding of appeals where it is alleged that a building permit has been refused the person appealing. In hearing and deciding appeals, the Board shall have the power to grant an exception or variation in the following instances:
(1) Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a part of this Zoning Code, where the street layout actually on the ground varies from the street layout as shown on the aforesaid map.
(2) Permit the remodeling or expanding of a nonconforming building or reconstruction when damaged by explosion, fire, act of God or the public enemy, to the extent of more than seventy-five percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use.
(3) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(4) Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.
(5) Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.
(6) Permit an industry or business in a B-2 or B-3 Business District or in an M- 1 Light Industrial District by reason of its nonobjectionable nature or effect upon the surrounding area.
(b) The Board shall have the authority to evaluate and determine whether the character or magnitude of an occupation conducted in a residence is such that it may be classified or continued to be classified as a home occupation.
(Ord. 24-66. Passed 4-5-66.)
(c) The Board shall have the authority to permit a variation in the sign requirements in any zoning district where there are unusual and practical difficulties or unnecessary hardships in complying with such requirements, provided that any such variation shall not unreasonably affect any adjoining property or the general welfare and further provided that the purpose and intent of the sign requirements not be diminished any more than is reasonably necessary to permit the variation. (Ord. 31-82. Passed 6-15-82.)