(a) Authority of Board of Zoning Appeals. When granting a variance, the Board of Zoning Appeals shall have the authority to do the following:
(1) Vary the yard or height regulations for a permitted principal or accessory building or structure where there is an exceptional or unusual physical condition of a lot when the condition is not generally prevalent in the neighborhood and which, when related to the yard regulations of this Zoning Code, would prevent a reasonable arrangement of buildings on the lot.
(2) Vary the lot area or width requirements where there is an exceptional or unusual physical condition of a lot, when the condition is generally not prevalent in the neighborhood.
(3) Vary the sign regulations where the topography or existing buildings interfere with the usual visibility under such conditions.
(4) Vary the location of garages in residential districts due to unusual conditions of the topography, grade, and available maneuvering space.
(5) Vary the applicable off-street parking requirement established in Chapter 1282 when there are exceptional or unusual circumstances that result in practical difficulty in complying with the requirements.
(6) Vary other terms of this Zoning Code when given the authority to do so in any section of this Code.
(b) Time Limits. The Board of Zoning Appeals may limit the time in which a granted variance will remain valid and stipulate that the variance will be unlawful upon the expiration of such time, but no variance shall remain valid for more than one year from the date of approval by the Board of Zoning Appeals. After expiration of such a time limit, an application for a new variance may be made in the same manner as the original. The Board shall take the changed characteristics of the neighborhood into consideration when reviewing the new variance.
(c) Terms and Conditions. The Board may attach terms and conditions to the granted variance as may be reasonable for the health, safety, and welfare of the neighborhood. Such terms and conditions may consist of:
(1) Installation of devices for stifling noise, dirt, smoke, odors and other factors harmful to the neighborhood;
(2) Installation of fences, hedges, shrubs, or other shielding devices and the installation of bumper guards for automobiles;
(3) Restriction or elimination of a use incident to the main use, such as illumination or advertisement signs;
(4) Restriction of the variance to certain periods of the day or to certain seasons of the year; and
(5) Such other terms and conditions as may be necessary.
In order to secure the fulfillment of such terms and conditions, the Board may rule that a variance cease upon breach of such conditions, or the Board may require a safety bond, in an amount to be decided by the Board, to insure their fulfillment.
(Ord. 73-94. Passed 10-4-94; Ord. 68-00. Passed 7-11-00.)