The Board of Zoning Appeals shall have the following jurisdiction:
(A) Administrative appeal. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector or the Property Maintenance Enforcement Administrator in the enforcement of the provisions of this zoning code or the property maintenance code (§ 152.094(C)).
(B) Variances.
(1) Variances on lots. To authorize, on appeal, in specific cases, such variance from the terms of this zoning code as will not be contrary to the public interest, where, owing to special conditions of the land, (that is, an irregularly shaped lot having the required area; a lot of exceptional topography; or an exceptionally narrow, shallow or irregular lot) existing and of record at the time of the passage of this zoning code, a literal enforcement of the provisions of this zoning code will result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this zoning code.
(2) Variances on existing buildings and structures. To grant the projection of an existing building or structure into a required yard to secure an addition to the building or structure practicable in its construction and arrangement. This projection shall not exceed 1/3 of the required depth or width of the required yard. In granting the variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this zoning code.
(3) Use provisions applicable. Divisions (B)(1) and (2) shall not be construed to permit variances which shall in effect amend the use provisions in this chapter.
(C) Conditional uses. To grant conditional certificates for the use of land, buildings, or other structures, if such certificates for specific uses are provided for in this zoning code.
(E) Well field protection appeals. To take appeals, investigate matters related to said appeals, deny, uphold, or otherwise modify or waive the Zoning Inspector's actions on a case-by-case basis as they related to well field protection.
(F) Determination of similar use. Where a specific use is proposed that is not specifically listed or provided for in a zoning district under this zoning code, the Board of Zoning Appeals may make a determination, upon appeal, that the proposed use is substantially similar to a specific use that is listed or provided for in such zoning district.
(G) In appeals from the Property Maintenance Enforcement Administrator, to make such findings and rulings as are set forth in this code.
('80 Code, § 152.013) (Ord. 94-14, passed 7-5-94; Am. Ord. 2019-02, passed 6-18-19)