The Commission shall have power to review any order or decision of the Building Inspector where such order or decision is based upon the requirements of this Zoning Code.
After the refusal of the Building Inspector to issue a building permit where such refusal is for noncompliance with the provisions of this Zoning Code, the Commission, acting as the Board of Zoning Appeals, shall hear and determine appeals from the decision of the Building Inspector and after public notice and hearing, may permit exceptions to and variation from the district regulations in the classes of cases or situation herein specified:
(a) Permit the extension of an existing or proposed building into a more restricted under such conditions as will safeguard the character of the more restricted district.
(b) Grant a permit in any residence district for a temporary building or use incidential to the residential development, such permit to be issued for a period of not more than one year, and in case of a building, only upon written application accompanied by a bill of sale to the Village of such building, effective in case the building is not removed prior to the expiration of the permit.
(c) Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use, and when, in the judgment of the Commission, such reconstruction will not substantially damage the district in which it is to be reconstructed.
(d) Grant a permit for the erection and use of a building or the use of premises in any location for public utility purposes and make such exceptions to the height and bulk district requirements herein established as the Commission decrees reasonably necessary for such purposes.
(e) Where the owner or owners of any tract or tracts of land having a total area of not less than ten acres submits to the Planning Commission a detailed plan for the development of such area for residential purposes, the Commission after public notice and hearing, may authorize, consistent with the spirit and intent of this Zoning Code, a modification of the application of the front, side and rear yard regulations and the lot area per family regulations as herein established, and such modifications of the use regulations as herein established as are incidental or essential to the carrying out of such residential development plan; provided, that such regulations shall be binding on all future owners of such property and provided that under such development plan the appropriate use of property adjacent to the area included in such development plan is fully safeguarded and provided that such devlopment plan is consistent with the public welfare.
(f) Grant a permit in a residence district for a two-family dwelling or for an apartment house. Such permit shall impose appropriate conditions and safeguards upon the construction and use of such two-family dwelling or apartment house as will protect and maintain the character of the neighborhood.
(g) Apply the provisions of the Zoning Ordinance in such a way as to carry out its true intent and purpose where the street and alley layout actually on the ground differs from the layout as shown on the Zone Map.
(h) Where there are practical difficulties or unnecessary hardships in the carrying out of the strict letter of the provisions of the Zoning Ordinance, to vary any such provisions in harmony with its general intent and purpose, subject to such conditions and safeguards as the Board may impose.
(Ord. 1989-7. Passed 7-27-89.)