The Board shall operate so as to carry into effect the powers and jurisdiction conferred upon it as follows:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or other administrative official of the Village in the enforcement of the Zoning Ordinance.
(b) To hear and decide upon application for variances under the terms provided in the Zoning Ordinance.
(c) To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of the Zoning Ordinance, including the following:
(1) Interpretation: Interpret provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts, accompanying and made a part of this Ordinance where the street layout actually on the ground varies from the street layout as shown on such map.
(2) Replacement of nonconforming buildings: 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 50 percent 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.
(3) Modification of parking and loading space requirements: Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements; or permit:
A. The waiver of the requirement that automobile parking space be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building; or
B. The dual use of parking facilities (i.e. by stores during the day and theaters during the evening) provided there is no overlapping of use and the parking space requirements for each building or use are complied with during each period.
(4) Public parking areas location: Permit in the "R" Districts, public parking areas or storage garages adjacent to any existing or proposed use in the multiple dwelling, commercial or industrial districts with a length not to exceed 150 feet. Such parking areas shall not cross streets or alleys.
(5) Use impact determinations: Determine whether an industry should be permitted within an "M" Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(6) Substitution of nonconforming uses: The substitution of a nonconforming use existing at the time of enactment of this Ordinance for another nonconforming use, if no structural alterations except those required by law or ordinance are made; provided, however that in any "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 "C" District no change shall be authorized to any use which is not a permitted or conditional use in any "C" District.
(7) Temporary structures and uses: Permit the temporary use of a structure or premises for purpose of Commercial or Industrial development activity and the use of manufactured homes/construction trailers, or industrialized units (modulars) as temporary sales offices, storage facilities etc., in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Ordinance for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a six month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare. The above shall be considered temporary buildings for purpose of this section and shall not be used as a residence, during such development nor for the purpose of construction or reconstruction of a single family dwelling on a lot. The Board may renew this permit once for the above time period respectively. Additional information regarding the granting of temporary permits is included in this chapter.
(8) Extension of off street parking area into residential district: Permit an off- street parking area, serving a commercial or industrial use, within any residence district, after the request has been referred to the Village Planning Commission for study, which study shall include consideration of the following criteria:
A. The use will not impair an adequate supply of light and air to adjacent property, or
B. Increase the congestion in public streets, or
C. Increase the danger of fire, or
D. Imperil the public safety, or
E. Diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the Village; and provided the following conditions are met:
F. The parking area adjoins a commercial or industrial district provided such area does not extend more than 150 feet from such commercial or industrial district. The parking area shall not be across a street from the commercial or industrial district, but may be across an alley, in which case the 150 feet shall be measured from the centerline of the alley.
G. Ingress and egress to such parking area shall be subject to approval by the Board.
H. No business involving the repair or service to a vehicle, or sale, or display thereof, shall be conducted from or upon such parking area.
I. No structure shall be erected or remain on any portion of the parking area.
J. No signs shall be erected on the parking area prior to review by the Planning Commission. No signs shall project beyond the property lines of the premises.
K. Parking areas shall be used for the parking of patrons' private passenger vehicles only and no charge shall be made for parking within such premises.
(d) To interpret the provisions of the Zoning Ordinance or Map where there is doubt as to meaning or application. The Board shall have the specific power to:
(1) Interpret the precise location of the boundary lines between zoning districts.
(2) Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district.
(e) To exercise such other powers as may be granted to the Board by the Zoning Ordinance, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended.
(f) The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for judicial review, interpretation, variance, or conditional use as defined in this chapter.
(Ord. 11-07. Passed 7-18-07.)