The Board of Zoning Appeals shall have the following powers and it shall be its duty.
(A) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this chapter or any amendments thereto.
(B) In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:
(1) Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this chapter.
(2) Interpret provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the may fixing the several districts, accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.
(3) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(4) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship on the use of the lot, as contrasted with merely granting an advantage or a convenience.
(5) Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.
(6) Determine whether an industry should be permitted within the I-1 and I-2 Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(7) The substitution of a nonconforming use existing at the time of enactment of this chapter, of any other nonconforming use, if no structural alterations, except those required by law or ordinance, are made: provided, however, that in an R District, no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R District, and in a district no change shall be authorized to any use which is not a permitted or conditional use in any B District.
(8) 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 chapter 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.
(1981 Code, § 150.69) (Ord. 6570-93, passed 12-13-1993)