The Board of Zoning Appeals shall have the following powers:
(a) To Interpret the Zoning Code, Specifically:
(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 Inspector in the enforcement of this Zoning Code;
(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 Zoning Code; and
(3) To 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 Zoning District Map fixing the several districts, accompanying and made a part of this Zoning Code (see original Ordinance 1775, passed October 22, 1973) 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) The use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station; and
(2) The reconstruction of a nonconforming building that would otherwise be prohibited by Section 1252.13(d) where such action would not constitute continuation of a monopoly.
(c) To Permit the Following Two Variations:
(1) To vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this Zoning Code would prevent a reasonable or sensible arrangement of buildings on the lot; and
(2) To vary the parking regulations when an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this Zoning Code, but provided that such a reduction is not more than fifty percent of the usual requirement.
(d) To Grant Conditional Use Permits:
(1) To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Code. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Board's judgment, insure that:
A. The establishment, maintenance or operation of the conditional use will
not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. 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.
C. 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.
D. Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.
E. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located, and the Board shall find that there is a public necessity for the conditional use.
(Ord. 1775. Passed 10-22-73.)
(2) Upon receiving a request for a conditional use permit, the Board shall set a date for a public hearing upon the proposed conditional use. In setting the date of such public hearing, Council shall give at least fifteen days notice thereof. Notice setting forth the time and place of such public hearing, the name and address of the applicant, the lot number and address of the property and the conditional use requested, shall be given by the Board in a newspaper of general circulation in the City.
(Ord. 1857. Passed 6-23-75.)