The Board of Zoning Appeals shall have the following powers and duties:
(a) Hear and decide appeals where it specifically finds that there is a material error of law or fact in any order, requirement, decision, or determination made by the Inspector in the enforcement of this Ordinance or any amendment or supplement adopted pursuant thereto.
(b) Authorize upon appeal, such yard and area variances and exceptions from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in practical difficulties, so that the spirit of this Ordinance shall be observed and substantial justice done. However, for developments requiring Site Plan Review pursuant to Chapter 1111 (Site Plan Review Procedures) or Subdivision Review pursuant to Section 1151.02 (Jurisdiction for Subdivision Review), the Planning Commission, and not the Board of Zoning Appeals, shall have authority concurrent with Site Plan and/or Subdivision reviews to grant variances from the terms of this Ordinance pursuant to Article X, Section 3 (Commissions and Boards) of the City Charter provided that such variances are granted according to the notice and hearing procedures and standards for decisions outlined in Section 1103.03 (Appeal and Hearings) and Section 1103.05 (Decisions of the Board of Zoning Appeals) of this Ordinance.
(c) Interpret the provision of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown on the Zoning Map fixing the several districts accompanying and made a part of the Ordinance, where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
(d) Authorize the extension of a nonconforming use or a building or the creation of additional building upon the lot occupied by such nonconforming use or building on the effective date of this Ordinance, where such enlargement or expansion of such use or building will not be detrimental to or tend to alter the character of the neighborhood.
(e) Permit the construction of a building or portion of a building beyond the building line, subject to such conditions or limitation as the Board deems reasonable and necessary, provided that public health, safety, convenience, or general welfare will not thereby be injuriously affected or the appropriate use or development of neighboring property seriously injured.
(f) Permit the extension of a building or use into a more restricted district, but not more than twenty-five (25) feet beyond the boundary line of the district in which such use is authorized where a use district boundary line divides a lot in a single ownership on the effective date of this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)