(a) Limitations on Variations from Area Regulations. A lot of record, held in single and separate ownership on the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972), may be used as a site for a single-family dwelling as provided and regulated in Chapter 1191. However, the Board may permit variations of not more than a ten percent (10%) decrease of the required lot area for other types of dwellings for a given lot that is of such restricted area that it cannot be appropriately improved without such modification, provided the owner owns no adjoining vacant lot, and subject to the provisions of Section 1199.02. In addition, the Board may vary the minimum floor area requirements of a dwelling by not more than ten percent (10%) if, by reason of greater lot frontage or area or side yard widths than specified in this Zoning Code for the district in which such dwelling is to be located, or by exceptionally skillful arrangement of site design, the result of such variation will be in harmony with the character of the neighborhood.
(b) Limitations on Variations from Yard Regulations. The Board may permit in the Single-Family Residential Districts only, as may be necessary to permit the appropriate development of a lot of record or because of peculiar shape or for topographical reasons, variations in which the required yards are not decreased more than ten percent (10%), provided the Board determines that light and ventilation will be adequate and privacy not impaired and provided the required lot area has not been decreased. In addition, the Board may permit in a residential district a modification of the required side yard so as to allow a one-story garage to be attached to a one-family dwelling constructed before the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972), to project into a required side yard, but the resulting side yard shall be not less than three (3) feet.
(c) Limitations on Variations to Height Regulations. The Board may permit an increase in the height of a proposed or existing building or part thereof to the same height as an adjacent building, not across any public street from the proposed or existing building under consideration, provided that the adjacent building is higher than that permitted in the height regulations, and provided further that such increased height is essential to the completion of the building as originally planned.
(d) Limitations on Variations to Nonconforming Buildings and Uses. The Board shall have no power to authorize, as a variance, the establishment of a nonconforming building or use, or changes in nonconforming uses, where none previously existed, provided, however, that the Board may authorize the substitution of nonconforming uses as provided for and regulated in subsection 1133.05 (f)(2).
(Ord. 2023-029. Passed 4-18-23.)