Loading...
(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)
Any applicant submitting an application to the Board of Zoning Appeals for any hearing before the Board or for any action by the Board shall include payment in full of the fee listed in the following schedule:
(a) Exceptions to or Variances from the Application of Ordinances Governing Zoning:
Appeals relating to accessory buildings or structures on the premises wherein the main use is an owner-occupied dwelling house | $25.00 |
Alterations or additions to a dwelling house | $35.00 |
Change of use of or to a dwelling house | $35.00 |
Alterations, additions, or changes of use relating to and/or resulting in a multiple dwelling or building of institutional, educational or assembly (not primarily carried on for gain) occupancy or classification | $50.00 |
Alterations, additions, or change of use of and/or resulting in a Business or Industrial occupancy or classification | $75.00 |
Signs | $50.00 |
New construction up to and including estimated cost of $50,000.00 (not otherwise mentioned in this section) | $75.00 |
New construction in excess of estimated cost of $50,000.00 (not otherwise mentioned in this section) | $150.00 |
Administrative orders or decisions not otherwise mentioned in this section | $50.00 |
Affirmations of prior decisions | $50.00 |
Requests for rehearing | $25.00 |
(b) Other:
Decisions or orders of administrative officials not related to zoning | $50.00 |
Decisions or orders not otherwise mentioned in this section | $50.00 |
(c) Miscellaneous:
Copies or records (per page or part of a page) | $0.25 |
Certification of authenticity | $1.00 |
Photographs (existing) | $1.00 |
Photographs (to be developed) | $2.00 |
If an application listed in this section could be construed to fit in more than one (1) fee classification, then the higher fee shall be paid.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Board of Zoning Appeals may, after public notice and hearing and subject to appropriate conditions and safeguards, permit in undeveloped sections of the City for not more than a two (2) year period a building or other structure or use which does not conform to the use regulations of the district in which it is to be located. Such permit may be renewed for two (2) year periods when the general conditions of the neighborhood have remained practically unchanged.
(Ord. No. 2204-A-48. Passed 12-19-49, eff. 1-29-50)
Loading...