§ 156.138 POWERS AND DUTIES.
   (A)   The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
   (B)   The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter.
   (C)   The Board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass as follows or elsewhere in this chapter:
      (1)   Permit the erection and use of buildings.
      (2)   To permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
      (3)   Permit a transitional use between a business or industrial and residential district where the side of a lot in a single-family or multiple-family district abuts upon a lot zoned for business or industrial purposes as follows:
         (a)   On a lot in a single-family district which sides upon a lot zoned for business or industrial purposes, the Board may permit a two-family dwelling on a lot with an area of not less than 6,000 square feet.
         (b)   Provided, however, that in no case shall any transitional use have a width of more than 100 feet.
      (4)   To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter.
      (5)   Waive or reduce the parking and loading requirements in any of the districts whenever the character of use of the building is such as to make necessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or a convenience.
      (6)   Permit land within 300 feet of a multi-family dwelling to be improved for the parking spaces required in connection with a multi-family dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multi-family dwelling.
      (7)   To determine in cases of uncertainty the classification of any use not specifically named in this section.
(`88 Code, Ch. 12, § 3.06) (Ord. 254, passed 11-22-88)