The Zoning Board of Appeals shall have the following powers and it shall be its duty:
(A) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the responsible authority in the enforcement of this chapter or any amendments thereto; and
(B) In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:
(1) Interpret provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map fixing the several districts accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on the zoning district map aforesaid;
(2) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly;
(3) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements; or permit the waiver of the requirement that automobile space be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building; or the dual use of parking facilities (e.g., by stores during the day and theaters during the evening) provided there is no overlapping of use and the parking space requirements for each building or use are complied with during each period;
(4) Permit in the “A” or “R” Districts public parking areas or storage garages adjacent to any existing or proposed use in the Multiple Dwelling, Commercial, or Industrial District;
(5) Determine whether an industry should be permitted within an “M” Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts;
(6) The substitution of a nonconforming use existing at the time of enactment of this chapter for another nonconforming use, if no structural alterations except those required by law or ordinance are made; provided, however, that in an “A” or “R” District and in a “C” District, no change shall be authorized to any use which is not a permitted or conditional use in any “A”, “R”, or “C” District; and
(7) Permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period in undeveloped sections of the village and not more than six months in developed sections, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.
(Ord. 1141, passed 9-1-1998)