The Board of Zoning and Building Appeals shall have the following powers and duties:
(a) Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building and Zoning Inspectors in the enforcement of this Zoning Code.
(b) Special Exceptions; Conditions Governing Applications; Procedures. To hear and decide only such special exceptions as the Board of Zoning and Building Appeals is specifically authorized to pass on by the terms of this Zoning Code; to decide such questions as are involved in determining whether special exceptions should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this Zoning Code or to deny special exceptions when not in harmony with the purpose and intent of this Zoning Code. A special exception shall not be granted by the Board of Zoning and Building Appeals unless and until:
(1) A written application for a special exception is submitted, indicating the section of this Zoning Code under which the special exception is sought and stating the grounds on which it is requested. Such application shall contain the names and addresses of all property owners adjacent and contiguous to, and directly across the street from, the property within the appeal, and subject to verification by the Solicitor.
(2) Notice shall be given at least ten days in advance of a public hearing. The owner of the property for which the special exception is sought, or his or her agent, shall be notified by mail.
(3) A public hearing shall be held. Any party may appear in person, or by agent or by attorney.
(4) The Board of Zoning and Building Appeals shall make a finding that it is empowered, under the section of this Zoning Code described in the application, to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.
(5) Before any special exception shall be issued, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provisions and arrangements have been made concerning the following, where applicable:
A. Ingress to and egress from the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;
B. Off-street parking and loading areas, where required, with particular attention to the items in paragraph (b)(5)A. hereof and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district;
C. Refuse and service areas, with particular reference to the items in paragraphs (b)(5)A. and B. hereof;
D. Utilities, with reference to locations, availability and compatibility;
E. Screening and buffering, with reference to type, dimensions and character;
F. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
G. Required yards and other open spaces; and
H. General compatibility with adjacent properties and other property in the district.
(c) Variances; Conditions Governing Applications; Procedures.
(1) To authorize, upon 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, a literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning and Building Appeals unless and until:
A. A written application for a variance is submitted, demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
2. That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Code;
3. That the special conditions and circumstances do not result from the actions of the applicant; and
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
No non-conforming use of neighboring lands, structures or buildings in the same district, and no permitted or non-conforming use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.
B. Notice of a public hearing shall be given as set forth in Section 1254.04(b)(2).
C. A public hearing shall be held. Any party may appear in person, by agent or by attorney.
D. The Board of Zoning and Building Appeals shall make findings that the requirements of paragraph (C)(1)A. hereof have been met by the applicant for a variance.
E. The Board of Zoning and Building Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
F. The Board of Zoning and Building Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or be otherwise detrimental to the public welfare.
(1) In granting any variance, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. A violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code and punishable under Section 1252.99.
(2) Under no circumstances shall the Board of Zoning and Building Appeals grant a variance to allow a use not permissible under the terms of this Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Code in said district.
(d) In exercising the above-mentioned powers, the Board of Zoning and Building Appeals may, as long as such action is in conformity with the terms of this Zoning Code, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and, to that end, shall have the powers of the Building and Zoning Inspectors from whom the appeal is taken.
(e) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building and Zoning Inspectors, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code, or to effect any variation in the application of this Zoning Code.
(Ord. 1-1988. Passed 4-11-88.)