The Board of Zoning Appeals shall also have jurisdiction of the following:
(a) Conditional Uses, Special Exceptions and Interpretation of Zoning Maps: The Board shall have the power to hear and decide in accordance with the provisions of this Ordinance, applications filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass by this Ordinance. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to locations, construction, maintenance and operation - in addition to those expressly stipulated in this Ordinance for the particular conditional use or special exception as the Board may deem necessary for the protection of adjacent properties and the public interest. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for conditional uses, special exceptions and interpretation of zoning maps. Fees shall be charged in accordance with the Village fee ordinance.
(b) Non-Commercial Uses - Substitutions. If no structural alterations are made, any non-conforming use of a structure or structures and premises, may as a conditional use be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Ordinance. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for substitutions. Fees shall be charged in accordance with the Village fee ordinance.
(c) Temporary Structures and Uses: The Board may authorize the temporary use of a structure or premise in any District for a purpose or use that does not conform to the regulations prescribed elsewhere in this 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 a substantial structure. A Zoning Permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve (12) month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for temporary structures and uses. Fees shall be charged in accordance with the Village fee ordinance.
(d) Interpretation of Zoning Map: Where the street or lot layout actually on the ground, or as recorded differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property and after public hearing shall interpret the map in such a way as to carry out the intent and purpose of this Ordinance. In case of any question as to the location of any boundary line between zoning a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by said board.
(e) Changes to Districting: Any requested changes in a property which appears to be, or to resemble changes to a different class or district (i.e., R-1 to R-2, B-1 to B-2, etc.) for the property alone should be avoided. This is particularly in cases where this is found to be the first such property in the neighborhood to seek a shift in classification or to request the first major change in the character of the neighborhood. No grant of a variance shall be authorized, unless the Board specifically finds that the condition or situation of the specific piece of property of the intended use of said property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.
In such circumstances, the Board may request the views of the Planning Commission, Zoning Inspector or Village Council, expressed in whatever way they may choose, and may read these views as part of the hearing process.
(Ord. 1045. Passed 10-14-14.)