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(a) The Planning Commission for the purpose herein, is hereby created as a Board of Zoning Appeals with full power and authority to hear and determine the administration of this Zoning Ordinance and the details of the application thereof.
(b) The Planning Commission shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Zoning Ordinance and all resolutions and orders of the Commission shall be in accordance herewith.
(c) The Commission shall have power to review any order or decision of the Zoning Commissioner where such order or decision is based upon the requirements of this Zoning Ordinance.
(d) After the refusal of the Zoning Commissioner to issue a building permit where such refusal is for noncompliance with the provisions of this Zoning Ordinance, or where a variance is requested in writing, the Planning Commission shall order individual notices to be served upon six of the adjacent property owners owning property contiguous to the property for which the applicant seeks a variance; furthermore, public notice shall be given of the time and place of hearing after which hearing the Commission may deny or permit exceptions to and variations from the district regulations in the cases or situations herein specified:
(1) Permit the extension of an existing or proposed building into a more restricted district under such conditions as will safeguard the character of the more restricted district.
(2) Grant a permit in any residence district for a temporary building or use incidental to the residential development, such permit to be issued for an initial period of not more than two years, and in the case of a building, only upon written application accompanied by a bill of sale to the City of such building, effective in case the building is not removed prior to the expiration of the permit.
(3) Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use.
(4) Grant a permit for the enlargement of existing buildings or for the erection of additional buildings on the same parcel of land for a trade, business or industry located in a district restricted against such use, where the enlargement or expansion of such trade, business or industry will not be detrimental to or tend to alter the character of the neighborhood.
(5) Grant a permit for the erection and use of a building or the use of premises in any location for public utility purposes and make such exceptions to the height and bulk district requirements herein established as the Commission decrees reasonably necessary for such purposes.
(6) Where the owner or owners of any tract or tracts of land having a total area of not less than ten acres submits to the Planning Commission a detailed plan for the development of such area for residential purposes, the Commission after public notice and hearing, may authorize consistent with the spirit and intent of this Zoning Ordinance a modification of the application of the front, side and rear yard regulations, and the lot area per family regulations as herein established, as are incidental or essential to the carrying out of such residential development plan; provided that such regulations shall be binding on all future owners of such property, provided that under such development plan the appropriate use of property adjacent to the area included in such development plan is fully safeguarded and provided that such development plan is consistent with the public welfare.
(7) Grant a permit in an Industrial A District for a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to a use of a building or plant with a series of buildings permitted in an Industrial A District, provided such incidental building or use occupies not more than ten percent of the lot, provided that ten percent of the employees of the building or plant are to be engaged therein, and provided that such building or use is not located within two hundred feet of any residence district.
(8) Grant a permit in a Residence A District for a two family dwelling. Such permit shall impose appropriate conditions and safeguards upon the construction and use of such two family dwellings as will protect and maintain the character of the neighborhood.
(9) Apply the provisions of this Zoning Ordinance in such a way to carry out its true intent and purpose where the street and alley layout actually on the ground differs from the layouts as shown on the Zoning Map.
(10) Where there are practical difficulties or unnecessary hardships in the carrying out of the strict letter of the provisions of the Zoning Ordinance, to vary any such provisions in harmony with its general intent and purpose, subject to such conditions and safeguards as the Board may impose.
(11) Grant a permit in a Residence C District for a funeral home which does no ambulance work. Such permit shall impose appropriate conditions and safeguards upon the construction and use of the funeral home as will protect and maintain the character of the neighborhood.
(Ord. 6501. Passed 10-4-72.)