CHAPTER 1481

Board of Zoning Appeals

1481.01 Authority of the Board

________________________________________________________________________

1481.01 AUTHORITY OF THE BOARD OF APPEALS

(1) The Powers of the board are:

(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Ordinance.

(b) To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of the Ordinance.

(c) To interpret the 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 street layout as shown on the map aforesaid.

(2) To permit the following two exceptions:

(a) Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.

(b) Reconstruction of a Nonconforming building that would otherwise be prohibited by chap. 1483., where such action would not constitute continuation of a monopoly.

(3) To permit the following two variations:

(a) Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this Ordinance would prevent a reasonable or sensible arrangement of building on the lot.

(b) Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this ordinance, but providing that such a reduction not by more than fifty percent of the usual requirement.

(4) To grant conditional use permits:

(a) To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Ordinance. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Boards Judgment Insure that:

(b) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(c) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

(d) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(e) Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

(f) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(g) The conditional use shall in all other respects conform t the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.