Fayette Powers of the Board ordinance (§ 405.930)

A. The powers of the Board are:

1. To interpret the zoning regulations, being:

a. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Article.

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 this Article.

c. To interpret the provisions of this Article 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 Article where the street layout on the ground varies from the street layout as shown on the map aforesaid.

2. To permit the following two (2) 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 non-conforming building that would otherwise be prohibited by Article IV, where such action would not constitute continuation of a monopoly.

3. To permit the following three (3) 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 Article would prevent a reasonable or sensible arrangement of the buildings 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 Chapter, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.

c. Vary the regulations regarding the height and placement of fences 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 fence regulations of this Article would prevent a reasonable or sensible arrangement or construction of the fence on the lot.

d. To make recommendations to the Board of Aldermen to grant or deny applications for conditional use permits specifically listed in the district regulations of this Article. After receiving the recommendation from the Board of Adjustment, the Board of Aldermen will, after public hearing, make a final decision regarding applications for conditional use permits. In making said recommendation, the Board of Adjustment shall recommend such conditions as will, in the Board of Adjustment judgment, ensure that:

(1) 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.

(2) 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 of neighboring properties.

(3) 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.

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

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

(6) The conditional use shall in all other respects conform to 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.