The powers of the Board are as follows.
(A) Special uses. Special exception and interpretation of the zoning map. The Board shall have the power to hear and decide, in accordance with the provisions of this report, requests or applications for special exceptions and the power to interpret the zoning district map.
(1) Nonconforming use. The Board shall decide whether or not a proposed substitution of one nonconforming use for another is of the same or more restricted classification as the existing nonconforming use.
(2) Issue temporary use permits. Issue permits for temporary use of land or building in districts where such use does not conform. Such permits shall be revocable and not extend for more than 12 months.
(3) Certain industries in the M-2 Districts. In authorizing certain industries under § 155.180, the Board shall give regard to the nature and condition of all adjacent uses and structures. Before allowing such use, the Board shall also consider where the proposed use would be a nuisance to the surrounding neighborhood. In granting such requests, the Board may also find it necessary to require the requirements and conditions, in addition to those stipulated in this code.
(4) Interpretation of map. There may be times when street or lot layout on the ground differs from the zoning map and the Board should, after notice to the owners of affected property, interpret the map to carry out the intent and purpose of the Zoning Code.
(B) Administrative review and variances coming from action of the Zoning Administrator.
(1) Administrative review. To hear and decide appeals where someone feels the Zoning Administrator has been in error in the enforcement of the Zoning Code.
(2) Variances.
(a) The Board may grant relief from the strict terms of the Zoning Code, owing to special conditions, where such terms will result in unnecessary hardship to the applicant. Such relief should only be granted where topographic conditions, or other situations or conditions on a piece of property exist or where the use or development of adjacent property makes the literal enforcement of the provisions of the Zoning Code a hardship on the owner of the property. In granting such a variance, the Board of Appeals may attach conditions to assure that the spirit and intent of the code are carried out.
(b) The Board of Appeals shall not grant a variance to the requirements of the code, unless:
1. There are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties class of uses in the same zoning district;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and in the vicinity; and
3. The authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of the Zoning Code or the public interest.
(c) The Board should only grant a variance on a specific piece of property. It should make sure that any variances granted are not of such a recurring nature to warrant the changing of the text of the Zoning Code. If the Board is confronted by many similar requests for variances, it shall recommend to the governing body that an amendment to the code may be needed.
(1999 Code, § 40-18-3) (Ord. 334, passed 10-26-1964)