The powers of the Board are:
(a) To Interpret the Zoning Ordinance, Being:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building and Zoning Inspector in the enforcement of this Ordinance.
(2) To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Ordinance.
(3) To interpret the provisions of these regulations in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map fixing the several districts accompanying and made a part of this Ordinance where the street layout on the ground varies from the street layout as shown on the Zoning District Map.
(b) To Permit the Following Two Exceptions:
(1) Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.
(c) To Permit the Following Variances:
(1) To authorize upon appeal, where by reason of exceptional narrowness, shallowness, or shape or exceptional topographic conditions or other extraordinary situations or conditions of a lot, the strict application of the terms of this Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof, to authorize a variance from such strict application to relieve such difficulties or hardships provided such relief may be granted without substantial detriment to the public health, safety and welfare and without substantially impairing the intent of the Zoning Ordinances of the Village and providing further that no variance shall be granted unless the Board of Zoning Appeals finds that the following conditions exist:
A. The special circumstances or conditions applied by the Board to the land in question are peculiar to such lot or property and do not generally apply to other land or buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights and not merely to serve as a convenience to the applicant.
C. Grant temporary permits for buildings and uses that do not conform to the regulations herein prescribed. The permissible time period for such uses shall be set by the Board of Zoning Appeals. No extension of time, once granted, will be permitted, unless a hardship can be established.
D. Permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized.
E. Permit such modification of the yard, parking or lot area or width regulations as may be necessary to secure the appropriate improvement of a parcel of land that is too small to be appropriately improved without such modification, or is adjacent to buildings that do not conform to the general restrictions applicable to their location.
F. The authorizing of a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any way impair the health, safety, convenience or general welfare of the inhabitants of the Village.
(2) The Board may call upon the various officers and departments of the Village for assistance in the performance of its duties and it shall be the duty of such departments and officers to render such assistance to the Board as may be reasonably required.
(3) A decision of the Board shall not be interpreted or construed in such manner as to create a precedent requiring the Board to act in the same or similar manner in future applications or appeals.
(4) An appeal from the decision of the Board of Zoning Appeals in any matter in which the Board has original or appellate jurisdiction may be taken to the Court of Common Pleas of Carroll County, Ohio or such other court of competent jurisdiction as may be provided for by law.
(d) To Grant Conditional Use Permits. To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Ordinance. Before authorizing the issuance of such a conditional use permit, the Board of Zoning Appeals may impose, if necessary, such conditions as will, in the Board's judgment, insure that:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.
(5) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(Ord. 1986-06. Passed 6-9-86.)