1161.04  HEARINGS; VARIANCES.
   (a)   The Board shall hear and decide appeals de novo and review on appeal any order, requirement, decision or determination made by the Zoning Inspector in the enforcement or application of this Zoning Ordinance; and, upon such appeal the Board may, in accordance with the provisions of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify any such order, requirement, decision or determination and the decision of the Board shall be final.
 
   (b)   If, after a permit has been authorized by the Board, such permit is not lifted from the office of the Zoning Inspector within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
 
   (c)   The Board shall fix a reasonable time for the hearing of an appeal, taken within the time specified by its rules, shall give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time.  Upon the hearing of such appeal any party may appear in person, or by agent or attorney.
 
   (d)   Where the street layout actually on the ground, or as recorded, differs from the street layout as shown on the Zoning Map, the Board shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance and the Map for the particular section or district in question.
 
   (e)   Where by reason of topographical conditions, district borderline situations, immediately adjoining existing developments, or because of other unusual circumstances, the strict application of any provision of this Zoning Ordinance would result in exceptional practical difficulty or undue hardship upon the owner of any specific property, the Board, in passing upon appeals, shall have the power to vary or modify such strict application or to interpret the meaning of this Zoning Ordinance so as to relieve such difficulty or hardship, provided that such variance, modification or interpretation shall remain in harmony with the general purpose and intent of this Zoning Ordinance, so that the health, safety and general welfare of the community shall be conserved and substantial justice done.  In the exercise of this power the Board may, among other variances, modifications and interpretations, authorize a permit to be issued:
      (1)   For temporary building for commerce or industry in a residence district, where such building is incidental and reasonably necessary to develop the district for residential purposes, such a permit to be issued for a period of not more than one year.
      (2)   For such variation of area requirements of this Zoning Ordinance as the Board may deem necessary to secure an appropriate improvement of a lot where such lot was separately owned or was shown on a recorded plat to be a separate and distinct numbered lot at the time of the passage of this Zoning Ordinance (Ordinance 11-71, passed May 25, 1971) and is of such restricted area or shape that it cannot be appropriately improved without such variation.
      (3)   For a reasonable enlargement of existing structures, or land use, or the erection of additional structures on the same lot or plot of ground for trade, business or industry located in a district restricted against its use where such enlargements or extension of such trade, business or industry will not be detrimental or tend to alter the character of a neighborhood.
      (4)   For the erection or use of a structure in any district by a public service corporation, when such erection or use is reasonably necessary for the service of the public and not unreasonably detrimental to the character of the development.
      (5)   For such reasonable variation of the height and area regulations herein set forth as the Board may deem necessary for the suitable use of a telephone exchange building, an electric distribution substation, electric conductor transmission tower, or other similar public utility building or structure located in a residence district, where the Board determines such variation is reasonably necessary for the public convenience or welfare, harmonious to the purposes of the district, and not unreasonably injurious to the property or the district in which the building or structure is or is proposed to be located.
      (6)   For the erection or use of a dwelling in a Business or Industrial District, where it is shown that otherwise the requirements of this Zoning Ordinance are confiscatory.
      (7)   For the front yard of less depth than that required by this Zoning Ordinance where topography, existing development or unusual conditions make strict compliance unreasonable or substantially impossible.
      (8)   For a sand, gravel or clay pit or a stone quarry, together with the necessary accessory buildings or structures, in a district restricted against such use by this Zoning Ordinance, for such period and under such conditions as are reasonable considering the character of the district involved.
      (9)   For the variance of the arrangement of yards from those specified in "Yard Requirement" in case of a building fronting upon the side lot line of a corner or in cases of a group of building on a parcel of ground forming in effect a multiple dwelling made up of separate units provided that the lot area per family as specified in this Zoning Ordinance shall be complied with in the location of such buildings.
      (10)   For a decrease of the distance specified:
Any door for vehicles opening upon any street, shall be at least fifteen feet from the street line and an open unoccupied space shall be maintained between such door and the street line.  The height of such open unoccupied space shall be not less than twelve feet and the other dimensions shall be such that no part of the structure encroaches upon the triangular area circumscribed by lines joining the center of such vehicular entrance door and the two points on the adjoining side of the center line of the doorway and each twelve feet therefrom.
      (11)   For the resumption of a nonconforming use of a building in a residence district when such nonconforming use has been discontinued for a period exceeding one year, provided such use has not been followed by a more restricted use, and that it is not reasonably practical to utilize the lot upon which such building is located for a conforming use and further provided that such resumption would not be detrimental to the character of the surrounding neighborhood.
      (12)   For the reconstruction of a building in a district restricted against its use when such building has been destroyed by fire or other calamity to the extent of not more than fifty percent of its bulk, provided the application for such is made within one year from the date of such fire or other calamity.
      (13)   For an aviation field, a cemetery or a municipal utility or building in any district.
         (Ord. 11-71.  Passed 5-25-71.)