Subject to § 31.17, the Board shall have the specific powers and duties listed below.
(A) Interpretation of zoning text and map.
(1) Upon appeal from a decision by the Zoning Inspector, the Board shall have the power to decide any question involving the interpretation of the zoning text or map, as set forth hereunder.
(2) In case there is question as to the intended meaning of any provision of the zoning text, the Board may interpret its meaning as it applies to a particular property. Before reaching a decision in response to any request therefor, the Board shall obtain the written opinion of the Village Solicitor.
(3) Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice of public hearing to the owners of the property abutting shall interpret the map in such a way as to carry out the intent and purpose of this subchapter for the particular section or district in question. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Board and a determination shall be made by said Board.
(B) Special exceptions; conditional uses.
(1) In considering an application for a special exception, the Board shall give due regard to the nature and condition of adjacent uses and structures, and the consistency therewith of the proposed use and development. Before authorizing a use as a special exception, the Board shall determine whether the proposed exception, or use would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare, heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic. The Board may utilize and give recognition to those performance standards which are available in model codes or ordinances, or have been developed by planning, manufacturing, health, architectural and engineering research organizations, and can be applied to the proposed use, to assist it in reaching a fair and objective decision. Upon authorizing a conditional use or exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to expressly stipulated in this subchapter for the particular conditional use or exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(2) In addition to permitting the special exceptions and conditional uses hereinbefore specified in this subchapter, the Board shall have the power, upon application, to permit the following special exceptions and conditional uses:
(a) Temporary structures and uses. 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 subchapter 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, subject to such conditions as will safeguard the public health, safety, convenience and general welfare;
(b) Uses not listed. Any use in any district which use is not specifically listed but which is determined by the Board to be of the same general character as those which are so listed as permitted in such district, but not including any use which is first permitted or is prohibited in the next less restricted district;
(c) Vertical extension of existing buildings. Permit the extension upward of a building existing at the time of the passage of this subchapter, by the construction of additional stories above the height limit herein prescribed, if the original plans approved by the Inspector of Buildings provided for such additional stories and such buildings were actually designed and constructed to carry such additional stories; and
(d) Addition to existing buildings. Permit the erection of any addition to an exiting building to the same height as such existing building where such addition is essential to the completion of such building as originally planned.
(Ord. 92-5, passed 11-23-1992)