(a) The Zoning Board of Appeals shall hear and decide appeals de novo and review on appeal, any order, requirement, decision or determination made by the Zoning Inspector relating to the enforcement of the Zoning Ordinance. It shall also hear and decide all matters referred to it, or upon which it is required to pass under the provisions of the Zoning Ordinance.
(b) The Board shall fix a reasonable time, not to exceed thirty days, for the hearing of an appeal. At the hearing, any party may appear in person or by agent or by attorney.
(c) The Board shall have no power or authority to change any district boundaries herein established, except in accordance with the provisions of subsection(d)(1) hereof.
(d) The Board is authorized to grant, upon appeal, such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where by reason of special conditions, topographical conditions, exceptional circumstances or district border line situations immediately adjoining existing developments, the strict application of any provision of the Zoning Ordinance would result in exceptional practical difficulties or undue hardship upon the owner of any specific property. The Board, in passing upon appeals, shall have the power to vary or modify such strict application or to interpret the meaning of the Zoning Ordinance so as to relieve such difficulty or hardship provided that such modification or interpretation shall remain in harmony with the general purpose and intent of the Zoning Ordinance, so that the health, safety and general welfare of the community shall be conserved and substantial justice done. In the exercise of this power, the Board may, among other variances, modifications and interpretations, authorize a permit to be issued for the following:
(1) For the extension of a district boundary, where the line, as shown on the zoning plan, divides a lot in a single ownership at the time of the passage of the Zoning Ordinance.
(2) For the extension of a structure or use into a more restricted district, immediately adjacent thereto, but such extension shall not extend more than one lot under the same single ownership at the time of the passage of the Zoning Ordinance and not to exceed sixty feet beyond the boundary line of the district in which such building or use is thus authorized.
(3) For the enlargement of existing structures, or the erection on the same lot or plot of ground, of additional structures for trade, business or industry located in a district restricted against its use or to permit a variance in the use of existing structures where such enlargement, extension or variance of such trade, business or industry will not be detrimental to or tend to alter the character of the neighborhood.
(4) For the erection in a business district of a public garage or service station within fifty feet of a residence district. In passing upon such an appeal the Board shall give weight to the consents to such variation from the provisions of the Zoning Ordinance as shown by the signatures of the owners in interest and number of sixty percent (60%) of all property within 200 feet of the proposed structure.
(5) For the use of land and the erection and alteration of structures in an “I” industrial district for the prohibited uses listed in Section 1165.02, provided the Board determines that such uses are reasonably necessary and essential for the public convenience or welfare and not seriously detrimental to the character of the district in question. Permits for such uses shall be issued only after a public hearing.
(6) For a temporary building in an “R” residential district where such building is incidental to a residential development; such permit shall be issued for a period of not more than one year. Such temporary building shall be removed on order of the Inspector.
(7) For the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by the Zoning Ordinance for the district in which it is located; provided that such use be of a temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than a twelve month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(8) Waive or modify parking and loading requirements in such instances where the proposed character or use of the building does not require the full provision of parking or loading facilities, or where their full provisions would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(9) Permit a variation in the yard requirements of any district, where there are unusual or practical difficulties due to topographical or other conditions, or irregular lot shape, provided such variation will not seriously affect any adjoining property or the general welfare.
Nothing in the Zoning Ordinance shall give the Board the power to act for Council.
(Ord. 2002-25. Passed 4-8-03.)