The powers of the Board of Zoning Appeals are:
(a) To hear and decide appeals where it is alleged there is an error in order, requirement, decision or determination made by the Director of Building and Zoning in the enforcement of the Zoning Ordinance in residential districts.
(b) 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 the Zoning Ordinance.
(c) To permit the reconstruction of a nonconforming building that would otherwise be prohibited by Section 1153.03, where such action would not constitute continuation of a monopoly.
(d) To hear and decide in specific cases such variance from the terms of the Zoning Ordinance where there is an exceptional or unusual physical condition of a lot which would prevent a reasonable or sensible use of the land, buildings or structure in the residential districts. No such variance shall be granted unless the Board does the following:
(1) Adopts a formal written finding that the application of the provisions of the Zoning Ordinance to the land, building or structure would result in a “practical difficulty” that would deprive the owner of the reasonable use of the land, building or structure, stating therein the facts upon which such finding is based. When deciding whether a “practical difficulty” exists the Board must consider the size of the deviation that is sought, and weigh its probable effect on the neighborhood against the harm which will be suffered by the applicant if the variance is refused. A “practical difficulty” does not exist when it is self-inflicted.
(2) Adopts a formal written finding that the granting of the variance will be in harmony with the general purposes and intent of the Zoning Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(e) To vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by the Zoning Ordinance, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.
(f) To impose conditions upon the grant of a variance so that the spirit of the Zoning Ordinance shall be observed and substantial justice be done.
(g) To hear and decide upon applications for building permits where the aesthetic values of the neighborhood would be endangered.
(1) The Director of Building and Zoning shall determine upon initial review of an application for a new residence, accessory structure or home remodeling permit, if, by the rules and procedures of the Board of Zoning Appeals, Board approval of the application is required. If Board action is required, the Director of Building and Zoning shall assist the applicant in filling out an application to appear before the Board of Zoning Appeals and shall give a copy of the rules and procedures to the applicant.
(h) To hear and decide upon all applications for a demolition permit to remove a dwelling unit in the residential districts.
(I) To make any other determination required of it by any other provision of the Zoning Ordinance.
(Ord. 98-13. Passed 9-8-98.)