The Board of Zoning Appeals shall have the following powers and duties:
(a) It shall be the Board’s duty to hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Code, or any amendments thereto.
(b) In hearing and deciding appeals, the Board shall have the power to:
(1) Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this Zoning Code.
(2) Interpret 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 by reference, where the street layout actually on the ground varies from the street layout as shown on the Map aforesaid.
(3) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than sixty percent of its fair market value when the Board finds some compelling necessity requiring a continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(4) Permit the modification of automobile parking space or loading space requirements when, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements, or permit the waiver of the requirement that automobile parking space shall be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building, or permit the dual use of parking facilities (i.e. businesses and other permitted activities), provided that there is no overlapping of use and provided that the parking space requirements for each building or use are complied with during each period.
(5) Permit in “R” Districts public parking areas or storage garages adjacent to any existing or proposed use in districts permitting multiple dwellings and in Business and Industrial Districts.
(6) Determine whether an industry should be permitted within the M-1 or M-2 Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(7) Permit the substitution of a nonconforming use existing at the time of enactment of this Zoning Code with another nonconforming use if no structural alterations, except those required by law or ordinance, are made, provided, however, that in an “R” District, no change shall be authorized by the Board to any use which is not a permitted or conditional use in any “R” District, and in a “B” District, no change shall be authorized to any use which is not a permitted or conditional use in any “B” District.
(8) Permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)