The Board of Zoning Appeals shall have jurisdiction and shall have the specific and general duties and powers in matters set forth in this Zoning Ordinance.
(a) Special Exceptions. The Board shall have the power, in specific cases, to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Ordinance and filed as herein before provided and to authorize or refuse to authorize a zoning permit or certificate of use, for the special exceptions set forth in this subsection.
(1) The special exceptions described in Section 1280.02(a).
(2) The substitution for a non-conforming use of another non-conforming use which, in the opinion of the Board of Zoning Appeals, is of the same or a less objectionable nature with respect to its effect on the neighborhood, provided that no structural alterations, except such as are required by law or ordinance, are made in any structure.
(3) The extension of a non-conforming use throughout a structure, manifestly designed for such use, provided that no structural alterations, except such as are required by law or ordinance, is made therein.
(4) The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed by this Zoning Ordinance for the district in which it is located, provided that such use is of a true temporary nature and does not involve the erection of substantial structures. A zoning permit for such temporary use shall be revocable and for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort and general welfare.
In authorizing a special exception, the Board may attach thereto such conditions or requirements governing the location, character or other features of the proposed structure or use and its maintenance, occupancy or operation, as the Board may deem necessary in furtherance of the purposes of this Zoning Ordinance.
(b) Variances. The Board shall have the power to authorize, on appeal, in specific cases, any variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions of the appellant's lots or to existing uses or structures on adjoining lots, a literal enforcement of the provisions of this Zoning Ordinance will result in undue hardship, so as to relieve such hardship and so that the intent of this Zoning Ordinance shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions or requirements governing the location, character or other features of the proposed structure or use and its maintenance, occupancy and operation, as the Board may deem necessary in furtherance of the purposes of this Zoning Ordinance.
(c) Interpretation of Zoning Map. Where the street or lot layout actually on the ground, or as officially recorded, differs from the street and lot lines as shown on the Zoning Map, the Board shall have the power, after notice to the owners of the properties involved and after a public hearing, to interpret the Zoning Map in such a way as to carry out the intent and purposes of this Zoning Ordinance for the particular location in questions.
(d) Administrative Review. The Board shall have the power to hear and decide any matter in which it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector in the enforcement of the provisions of this Zoning Ordinance.
(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)