(A) Applicability. The regulations specified in this chapter and Chapter 155 shall be subject to the following exceptions, modifications, and interpretations.
(B) Lot area modification. In any district where a single-family dwelling, or an addition thereto, is permitted, a dwelling may be erected on any lot or parcel of record, despite the fact that the lot or parcel does not meet the minimum area requirements of this chapter, provided that:
(1) The lot or parcel was lawfully created in compliance with all zoning and subdivision regulations applicable at the time the lot or parcel was created;
(2) There are no minimum area requirements for lots created prior to August 17, 1965.
(3) The erection of a residential dwelling or an addition thereto on a lot must comply with all other regulations. The Zoning Administrator may deny a permit for the erection of a dwelling on a lot which is substandard in an area or yard.
(C) Setback modification.
(1) Where the average setback line of at least two existing buildings on lots which are on the same side of the street or road and within 200 feet of the lot in question is less than the minimum setback prescribed by this chapter, the minimum setback line shall be the average setback line of all buildings within 200 feet of the proposed building. However, in no case shall the setback line be less than 35 feet from the centerline of any abutting road or street.
(2) For yards where the lot or parcel was created prior to August 17, 1965:
(a) The side yards must be at least 10% of the width of the lot;
(b) The front yard shall be determined on a case-by-case basis by computing the average of existing front yard depths of adjacent properties as measured from the centerline of the public right-of-way upon which the properties border within 200 feet in each direction;
(c) The rear yard shall be at least ten feet; and
(d) No part of an addition shall be located closer to the front or side property line than the closest point of the house to the property line if the line of the house is less than the existing setback requirements.
(3) Accessory structures shall adhere to minimum front and side yard setback requirements unless they are located totally in the rear yard, in which case the side and rear setbacks shall be a minimum of five feet.
(D) Projection into yards.
(1) Projections such as bay windows, chimneys, entrances, vestibules, balconies, eaves and leaders may extend into any required yard setback area not more than four feet, provided that such projections (except eaves) are not over ten feet in length.
(2) Fences and walls shall be exempt horn building line and yard requirements unless they cause obstructions to vision.
(3) Canopies designed to shelter pump islands at fuel stations are exempt from the yard requirements of this chapter, but shall be subject to review and approval pursuant to the requirements for site plan approval in § 155.050. In addition, a canopy may be prohibited or restricted, if the Zoning Administrator, determines that the canopy constitutes an obstruction to traffic or the visibility of motorists on or entering a highway. Pump islands and support for a canopy shall comply with all yard and setback requirements of this chapter.
(E) Height.
(1)
Building height limitations shall not apply to water tanks, barns, windmills, silos, or other accessory farm structures; or to material storage silos or bins, belfries, steeples, spires, electric or communication poles or towers, electric generating plants, electric transforming or switching equipment, radio, television, or radar towers, chimneys or smoke stacks, flagpoles, fire or observation towers, cupolas, domes, monuments, penthouses, or roof structures for housing stairways; or to tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building. No penthouse or roof structure shall have a total area greater than 25% of the roof area. This provision shall not apply to wind energy systems.
(2) In any A or R District, the height of a building may be extended to not over 40 feet, if each side yard is increased in width one-half foot for each additional one foot of height above the normal maximum limit.
(3) In any Commercial District which adjoins a Residential District, the height of a building may be extended up to 50 feet if the side and/or rear yard adjoining the Residential District is increased in width one foot for each additional one foot of height above the normal maximum limit.
(4) On any lot where the average finished slope adjoining the building exceeds 7% grade, one story in addition to the number permitted in the zone in which such lot is situated shall be permitted on the downhill side of any building erected, but the building height limit shall not otherwise be increased above that specified for the zone.
(5) In any zone where public or quasi-public buildings or schools (public or private) are permitted, such buildings may be erected to a height of 120 feet, but the minimum front, rear, and side yards shall be increased one foot for each foot of height above the limit established for the zone in which the building is erected.
(F) Application; limits.
(1) A person shall apply to the Zoning Administrator for a variance or administrative adjustment from the following requirements as specified in this chapter or as specified in Chapter 155 unless a simultaneous application for a conditional use has been fried with the BZA pursuant to § 158.133(D).
(a) Height;
(b) Setback;
(c) Parking;
(d) Loading;
(e) Distance;
(f) Area;
(g) Dimensional;
(h) Width;
(i) Sign;
(j) Area of solar energy conversion facilities as accessory uses in the C Conservation District; and
(k) Other dimensional requirements.
(2) The application shall be made on a form and in a manner prescribed by the Zoning Administrator.
(3) The maximum variation that the Zoning Administrator may grant from a requirement is 100%.
(G) Procedure.
(1) Upon receipt of an application for an administrative adjustment, the Zoning Administrator shall post the property with notice of the pendency of the application and shall notify the adjoining property owners of the application by first class mail of the application for administrative adjustment.
(2) An adjoining property owner, or other member of the public, may request a public hearing within 14 days of the posting of the applicant's property. If a public hearing is not requested within 14 days, the Zoning Administrator may issue a decision on the petition.
(3) If a public hearing is required within 14 days of the posting of the applicant's property, the Zoning Administrator shall conduct a public hearing on the application for the administrative adjustment within 45 days of the request. Any person may be present, and the Zoning Administrator shall allow all person who are present an opportunity to present evidence or testimony concerning the application.
(H) Decision. Within 15 days of the public hearing, the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and findings of fact which support it. In making the decision, the Zoning Administrator may grant the administrative adjustment only in cases where the strict compliance with the terms of this chapter or Chapter 155 would result in practical difficulty or unreasonable hardship which has not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator may not grant an administrative adjustment if to do so would violate the purpose and intent of the regulation, or cause or be likely to cause substantial injury to the public health, safety, and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in § 158.133(G). The decision will be mailed, or emailed if agreed to by the adjoining property owner, to the adjoining property owners within seven days of the written decision.
(I) Appeals.
(1) A decision of the Zoning Administrator made pursuant to this subchapter is final and constitutes a zoning action, unless a timely appeal is filed with the BZA.
(2) An appeal of an administrative adjustment or other decision of the Zoning Administrator pursuant to this chapter may be filed within 30 days of the date of the Zoning Administrator's written decision in accordance with § 158.133(D).
(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021; Ord. 2024-01, passed 2-15-2024)