Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such time as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses, production of records and other pertinent evidence. No appeal shall be entertained unless the administrative official has taken or refused to take some action, and notice of appeal is filed within ten days thereafter in the office of the Board, which notice briefly states the nature of the appeal. Prior to decision on such appeal, the Board shall hold a public hearing thereon, notice of the time and place of which shall be published for two successive weeks prior thereto, in a newspaper of general circulation in the City, or mailed by registered mail with return receipt to the appellant and to all persons having an interest in the adjoining property deemed by the Board to be affected thereby. The appellant and the officer whose act or order is appealed shall have the right to appear in person and with counsel.

(Ord.79-0-14. Passed 7-24-79.)

   The concurring vote of three members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or other duly authorized administrative officer, or, to decide in favor of the applicant on any other matter within the jurisdiction of the Board. A member of the Board shall not vote if he has not attended the public hearing.

(Ord.79-0-14. Passed 7-24-79.)

   The Board of Zoning Appeals shall cause to be made a record of all its proceedings, setting forth the reasons for its decisions, the vote of each member participating therein and the absence of a member. Such record shall, immediately following the Board's decision , be filed in the offices of the Board and of the Zoning Inspector and shall be open to public inspection. Notice of such decision shall be mailed forthwith to each interested party. A copy of all decisions of the Board shall be transmitted to the appropriate administrative officer. Any permit issued by the Inspector in pursuance of any decision of the Board shall have incorporated thereon any special conditions of such permit prescribed by the Board.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   The Board of Zoning Appeals shall have such duties and powers as are set forth and as limited by this Zoning Code.

   (b)   The Board is hereby authorized to promulgate such rules or regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by, but not in conflict with, the provisions of this Zoning Code.

   (c)   The Board shall hear and decide appeals from any order, requirement, decision or determination of the Zoning Inspector or other administrative officer relating to zoning, including the refusal, granting or revocation of permits by the Inspector. The Board shall also hear and decide all matters specifically referred to it for decision, or authorization, by the provisions of this Zoning Code. The Board may reverse or affirm wholly or in part, or modify, the order, requirement, decision or determination appealed from and make such order as in its opinion ought to be made under the circumstances, and to that end shall have all the powers of the officer from whose decision the appeal is taken.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Authorization.Where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board of Zoning Appeals shall have the power, in a specific case, to vary or modify the application of any such provisions in harmony with the general purpose and intent of this Zoning Code so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   (b)   General Limitations. The granting of variances shall be limited to the following cases:

      (1)   The practical difficulty or unnecessary hardship inheres in and is peculiar to the premises sought to be built upon or used because of physical size, shape or other characteristics of the premises or adjoining premises, as the same existed on September 14, 1955, which differentiate it from other premises in the same district;

      (2)   Refusal of the variance appealed for will deprive the owner of the reasonable use of his property;

      (3)   Granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements, or alter the essential character of the locality; and

      (4)   Granting of a variance will not be contrary to the objectives of this Zoning Code.

   (c)   Specific Limitations.

      (1)   Variations from use regulations. The Board may permit a slight variation where it is necessary to secure an appropriate development of a lot adjoining buildings or uses existing on September 14, 1955, not conforming to the applicable district regulations, or adjoining a less restricted use district along a side lot line, provided that:

         A.   Such lot was under the same ownership on such effective date; and

         B.   The proposed use is not more than the next lower in order of restrictiveness, except that less restrictive uses shall not be permitted in any Residential District.

      (2)   Variations from area regulations. The Board may permit in any district slight variations, not exceeding twenty percent, in the application of the area regulations as may be necessary to secure appropriate improvements of a lot that is of such restricted area that it cannot be appropriately improved without such variation, provided that it is adjacent to buildings which do not conform to such area regulations and that such lot was separately owned on such effective date and cannot be enlarged.

      (3)   Variations from yard regulations. The Board may permit in any district slight variations, not exceeding twenty percent, to the yard dimensions as may be necessary to permit the use of an existing building for a purpose for which the regulations require a greater yard area than existing on the premises, provided that the Board determines that adequate light and ventilation will be had and that unsafe, unhealthy and unsanitary conditions will not be created. Such twenty percent limitation shall not apply to parcels of land exempt therefrom by virtue of Section 1252.08(f).

   The twenty percent limitation shall not apply to land in the Business District in the following instance: The property is so situated that it has a frontage on Munson Road and also on Plains Road. In this situation, the sixty-foot front setback line requirements shall apply to the Munson Road property frontage and only a twenty percent variance can be granted to the sixty-foot setback requirement. The Board may allow the setback requirement on the Plains Road frontage to be twenty-four feet rather than the sixty-foot front setback requirement. The Board may grant this variance for the Plains Road front setback based on the standards for granting a variance that are set forth in the preceding paragraph.

      (4)   Variations to height regulations.The Board may permit the construction of an addition to an existing building to the same height as an adjacent building, if such height is essential to the completion of the building as originally planned.

      (5)   Variations to nonconforming buildings and uses. The Board shall have no powers to authorize as a variance the establishment of a nonconforming building or use where none previously existed. It shall not permit changes in use except as outlined in Chapter 1276 and in this section.

(Ord.79-0-14. Passed 7-24-79; Ord.85-0-3. Passed 4-23-85; Ord.95-0-04. Passed 6-13-95.)