The Board of Zoning Appeals shall have the following powers and duties:
(A) To hear and decide appeals where it is alleged there is an error in order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter or any amendments thereto; and
(B) In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:
(1) Permit the extension of a district where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this chapter;
(2) Interpret provisions of this chapter 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 chapter where the street layout on the ground varies from the street layout as shown on the map aforesaid;
(3) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than 60% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly;
(4) Permit the modification of the automobile parking space or loading requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements or permit:
(a) The waiver of the requirement that automobile parking space be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building; or
(b) The dual use of parking facilities (for example by stores during the day and theaters during the evening) provided there is no overlapping of use and the parking space requirements for each building or use are complied with during each period.
(5) Determine whether an industry should be permitted within the M-1 Light Manufacturing Business District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts;
(6) The substitution of a nonconforming use existing at the time of enactment of this chapter of another nonconforming use if no structural alterations except those required by law or ordinance are made; provided, however that in an R District no change shall be authorized by the Board to any use which is not a permitted, conditional or accessory use; and
(7) Temporary structures and uses: the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 2052, passed 9-3-1998)