1139.04 POWERS.

   The powers of the Board of Zoning Appeals are:

   (a)   To interpret the chapter, being:

      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Zoning Ordinance.

      (2)   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this ordinance.

      (3)   To interpret the provisions of the Zoning Ordinance 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 the Zoning Ordinance where the street layout on the ground varies from the street layout as shown on the Zoning District Map.

   (b)   To permit the following two exceptions:

      (1)   Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.

      (2)   Reconstruction of a nonconforming building that would otherwise be prohibited by Chapter 1197 .
(Ord. 711103-112. Passed 5-1-73.)

   (c)   To permit the following variations:

      (1)   Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of the Zoning Ordinance would prevent a reasonable or sensible arrangement of buildings on the lot.

      (2)   Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by the Zoning Ordinance, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.

      (3)   Vary the landscaping and screening requirements of Chapters 1198.06 , and 1198.07 where there is an exceptional or unusual physical condition of a lot, which such condition when would prevent a reasonable or sensible arrangement of the buildings on such lot or prevent or appreciably impair or limited intended use of the buildings on the lot.

      (4)   Vary the yard/setback regulations for signs in Chapter 1195 when applicant demonstrates conclusively that such regulations are unnecessary, too restrictive or detrimental to public welfare.

         (Ord. 001205-88. Passed 4-3-01.)

      (5)   Vary the fence regulations as set out in Chapter 1194 of the Codified Ordinances of the City of Salem on lots fronting on two streets. This Section shall not apply to corner lots which are defined as lots having any portion of the lot that touches the connection of any two intersecting streets. The Board of Zoning Appeals shall have the authority to vary said regulations with regard to the frontage on one side or the other but not both and may do so only when there is an exceptional or unusual physical condition of the lot, which such condition would prevent a reasonable or sensible arrangement of the fencing on the lot.

         (Ord. 201921-64. Passed 10-19-21.)

   (d)    To grant conditional use permits:

      (1)   To hear and decide upon applications for the conditional use permits specifically listed in the district regulations of this Zoning Ordinance. Before authorizing the issuance of such conditional use permit, the Board may impose such conditions as will, in the Board's judgment insure that:

         A.   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

         B.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.

         C.   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

         D.   Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.

         E.   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         F.   The conditional use shall in all other respects conform to the applicable regulations of the districts in which it is located and the Board shall find that there is a public necessity for the conditional use.

      (2)   Previously approved conditional uses, and any conditions associated therewith, granted by the Board of Zoning Appeals for any particular parcel or parcels of real property shall remain in effect for any additional development or modifications on such real property. The Board of Zoning Appeals shall hear and decide upon applications for the enlargement or extension of existing conditional uses specifically listed in the district regulations of this Zoning Ordinance. Where said enlargement or extension involves additional parcel or parcels of real property not included in the original conditional use that was granted, a new application must submitted to the Board of Zoning Appeals and a new hearing by the Board of Zoning Appeals must be held. Before authorizing the issuance of the conditional use permit for such enlargement or extension to additional parcels of real property, the Board may impose such conditions as outlined in Chapter 1139 in whole or in part, as the Board deems necessary to carry out the intent and purpose of this Zoning Ordinance.

         (Ord. 150506-22. Passed 5-6-15.)

   (e)    To grant essential services:

      (1)    To hear and decide upon applications for the erection, construction, alteration, operation or maintenance by public or private utilities, commissions or governmental agencies deemed as essential services but not limited to electrical, gas, steam, water, telephone, rail, sewage, air or communication services, and the necessary buildings for the furnishing of adequate services or used for the public health, safety or general welfare of the City and its residents. The Board may impose such restrictions with respect to use, design, landscaping, lot area, setback and height in lieu of the district regulations in this Zoning Ordinance.

         (Ord. 760504-46. Passed 7-20-76.)