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(b) Parking Requirements. The Board shall have no power to authorize as a variance the construction or use of any new building which does not fulfill the parking requirements of this Zoning Code, nor the remodeling or changed use of any existing building, whether previously conforming to the parking requirements or not, which remodeling or changed use would increase or create a nonconformity through an increase in number of dwelling units or in any other way, unless the Board determines that lack of parking space upon the premises of such building will not have a seriously adverse effect upon traffic conditions, or upon the neighborhood.
(c) Encroachment Beyond Required Setback Building Line.
(1) The Board shall have no power to authorize as a variance the location of any building or other structure nearer the street line than a required setback building line unless the depth or width of the lot on which such building or other structure is to be erected, as recorded on the effective date of this Zoning Code, is sufficiently less than the depth or width of the other lots in the same block as to create a hardship not shared by other lots subject to the same setback building line, or unless there exists a building extending beyond such required setback building line on the same side of the same block within one hundred fifty (150) feet from either side lot line of the lot in question. In the latter case, any encroachment, except projecting signs, permitted by the Board, shall not extend beyond a diagonal line drawn from the near corner of any building extending beyond the required setback building line and located within such distance, to a point on the required setback building line one hundred fifty (150) feet from such corner; or, where the width of the lot in question is sixty (60) feet or less and there are adjoining buildings extending beyond the required setback building line on both sides of the lot in question, beyond the average encroachment of such adjoining buildings, whichever the Board deems preferable. Where such encroachment is permitted beyond a specific building line the Board shall require, as a condition of such permit, that the encroachment be removed by the owner without cost to the City when ordered to do so by the City. No encroachment permitted under the provisions of this section shall exceed one (1) story in height except that where buildings on adjoining premises on both sides and within one hundred fifty (150) feet of the side lines of the lot in question extend beyond the required setback building line, the height of such permitted encroachment may be the height of the lower of the two (2) adjoining encroachments.
(2) In determining the permitted projection of a projecting sign beyond the building line, the Board may establish that the limit of permissible encroachment beyond a setback building line defined in subsection (c)(1) hereof shall be the building line mentioned in Section 3113.18(a)(1).
(d) Special Exceptions Authorized by the Board. The Board may, after public notice and hearing and subject to appropriate conditions and safeguards, determine and grant such special exceptions to the provisions of this Zoning Code as are specifically mentioned in this Zoning Code as subject to determination by the Board as a matter of original jurisdiction, provided such special exceptions are in conformity with the purpose and intent of this Zoning Code and in conformity with the standards for such exceptions established in this Zoning Code.
(Ord. No. 1538-86. Passed 5-18-87, eff. 5-21-87)