The Board shall have the following powers and duties:
(a) Interpretation of Zoning Code Provisions. To decide any question involving the interpretation of any provision of this Zoning Code, on appeal from a decision of any administrative official, and further to decide matters left in this Zoning Code to the opinion of the Board, such as what is a suitable nonconforming use to replace a legal nonconforming use (Section 1276.02).
(b) Special Permits. To approve applications for special permits for any uses for which this Zoning Code requires such permits and their approval by the Board, subject to the following requirements and other applicable provisions of this Zoning Code:
(1) The location, size and character of the proposed use is such that, in general, it will be in harmony with the existing development of the district in which the site is situated and will not hinder or discourage the appropriate future development and use of land and buildings in the vicinity or impair their value, and will not conflict with the aims and goals of the General City Plan.
(2) If the proposed site is in a residence district, the proposed use will not result in hazard to pedestrian traffic, especially to children; the height, bulk and location of buildings and the nature, height and location of walls and fences and the extent and character of the landscaping are such that the development will be in harmony with residential community.
(3) If the location is in a business district, the size, nature and intensity of operation, the layout of the site and its relation to its access streets are such that vehicle traffic and pedestrian traffic will not be more hazardous, taking into consideration turning movements, sight distances and driveways across sidewalks; the proposed development will be in harmony with the prevailing shopping habits, the physical and economic relationships of one type of use to another, and the characteristic grouping of uses in business districts; the proposed development will not be objectionable to nearby dwellings in residence districts because of noise, fumes or flashing of lights to a greater degree than is normal for uses in a business district. In acting on any application for a special permit, the Board may impose any conditions that it deems necessary to accomplish the reasonable application of the foregoing standards and may deny such application, but only in accordance with those standards. The City Planning Commission may adopt from time to time additional standards for specific uses, to serve as additional guides for approval of special permits.
(Ord. 56-53. Passed 10-1-1956.)
(c) Uses Permitted Upon Special Permit.
(1) Special uses. The Board of Zoning Appeals may grant special permits for any use not governed by Section 1274.01(b) provided such use otherwise fulfills the criteria set forth in Chapter 1274 or may refer any such application to the Planning Commission without additional charge therefor and the Board shall have specific authority to issue special permits for public utility uses essential for service to needs of the vicinity, but not including storage, manufacturing or repair shops or yards either as main or accessory uses.
(Ord. 82-26. Passed 7-6-1982; Ord. 91-26. Passed 5-20-1991.)
(2) Temporary uses. On undeveloped land where neighborhood conditions are suitable, and subject to the filing of bonds by the appellants to guarantee compliance with the conditions of the permit, the Board may approve temporary and conditional permits for not more than two-year periods for structures and uses that do not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which they are located and such permits may be renewed by the Board under the same procedure.
(3) Transitional uses. In any district within 150 feet of the boundary of a less restricted district, the Board may approve any use which the Board deems to be a suitable transitional use between the more restricted and the less restricted district in question, provided, however, that there is no existing occupancy between the site of the proposed use and the less restricted district boundary line which will be seriously injured by the proposed transitional use.
(4) Car parking lots. In any residence district, on land within one hundred feet of a business district and not separated therefrom by a street or alley, the Board may approve a car parking lot, provided that the Board first finds that such use is necessary for the parking needs of the adjoining business district and that such use will not create traffic hazards or be seriously harmful to adjacent property values. Such parking lot shall comply with all requirements of Section 1272.04, and the Board shall require such additional safeguards for the protection of life and property of the surrounding area as the Board finds necessary or desirable.
(1982 Code, § 1105.03) (Ord.56-53. Passed 10-1-1956.)
(5) Renewal of special use permits.
A. Special permits shall expire on the anniversary of issuance in the absence of renewal thereof, in which event the penalties and provisions of Section 1242.99 shall apply.
B. Upon application of the owner or occupant, all special use permits shall be renewed annually, subject to the approval of the Board of Zoning Appeals in conformity with the procedures in Section 1244.06, and the Board shall renew such special permit on the condition that such use continues to conform to the conditions and the terms which gave rise to the initial issuance and subsequent renewals of such special permit.
(6) Renewal fee. Fees shall be remitted with the application for renewal of a special permit in accordance with the following fee schedule:
A. Residential use only: No charge.
B. Commercial or any other use to the extent authorized under a special use permit shall require an inspection fee equal to fees otherwise charged under Section 1496.07, provided, however, that such fee shall be waived or abated upon payment of the fees required under Chapter 1496 for the issuance of an annual certificate of occupancy.
(Ord. 86-4. Passed 2-3-1986; Ord. 91-26. Passed 5-20-1991.)
(d) Variances from Code Requirements. On appeal from a decision of the Building Commissioner, to vary or adjust the strict application of the requirements of this Zoning Code in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, when strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. In such instance, the Board shall designate such conditions in connection therewith as will, in its opinion, protect as far as reasonable the health, safety and values of adjoining and surrounding property and preserve the general purposes of the City Plan.
(Ord. 56-53. Passed 10-1-1956.)
(e) Appeals Specifically Referred. To review decisions and orders of the Building Commissioner or other administrative official having authority to make decisions and orders under provisions of the Dwelling House Code, Housing Code, General Building Code, Fire Prevention Code, and similar ordinances, where appeals from such decisions and orders are specifically authorized by the applicable provisions of such Code or Ordinance.
(1982 Code, § 1105.03) (Ord. 70-47. Passed 4-27-1970.)