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(a) Conditional Uses, Exceptions and Interpretations. The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Ordinance, applications, filed as provided in Section 1117.03, for conditional uses, special exceptions or for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Zoning Ordinance to pass. 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 location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning 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.
(b) Administrative Review. The Board shall have the power to hear and decide appeals, filed as provided in Section 1117.03, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other administrative official in the interpretation of or the provisions of this Zoning Ordinance.
(c) Variances. The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this Zoning Ordinance as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this Zoning Ordinance. On appeal where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of the Zoning Ordinance only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not to circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(d) Performance Requirements. The Board shall have the power to authorize issuance of a Zoning certificate for uses that are subject to performance requirements as set forth in this Zoning Ordinance provided:
(1) The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes and products; and specifications for the mechanisms and techniques to be used in meeting the performance requirements.
(2) The Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the applicant, and a copy of any reports shall be furnished to the applicant.
(e) Nonconforming Uses. The Board shall have the power to permit changes and extensions for nonconforming uses as follows:
(1) If no structural alterations are made, any lawful nonconforming use may be changed to another nonconforming use provided that the Board finds that the proposed use is more appropriate to the district than the existing nonconforming use.
(2) An existing, legal nonconforming use which occupies only a portion of an existing building or premises may be extended throughout such building or premises.
(3) The Board may impose such requirements and conditions as they deem
necessary for the protection of adjacent properties and the public interest. No change or alteration of a nonconforming use shall entail structural alterations beyond those required by law; and provided that the value of such extensions shall not exceed, in all, twenty percent of the existing ground floor area of the existing building devoted to a nonconforming use and that such extension shall be within a distance of not more than twenty-five feet of the existing building or premises; and provided further, that such extension shall in any case be undertaken within ten years of the enactment of this section, (Ordinance 871A, passed December 13, 1965), provided only one such extension will be permitted. However, the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building or which would result in violation of the provisions of this Zoning Ordinance with respect to any adjoining premises. (Ord. 871A. Passed 12-13-65.)