The Board is hereby vested with the following additional authority and jurisdiction.
(A) Interpretation of district map. Where the applications of the rules of interpretation of district boundaries contained in § 8.00 of this chapter leaves a reasonable doubt to the boundary between the two districts, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this chapter.
(B) Temporary uses and permits. The Board may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter; provided that such use be of a true temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(C) Certain industries in “I-1” Districts. In determining whether certain uses shall be located in a “I-1” or “I-2” District, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and the consistency therewith of the proposed use and development. Before authorizing a use for a location in an “I-1” District, the Board shall determine whether the proposed use would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects.
(D) Rear yard setback relief.
(1) To hear and decide applications in specific cases such relief from the terms of this section with respect to rear yard setbacks that will not be contrary to the public interest, where literal enforcement of the requirements result in practical limitations for the use of the property and where granting of the special exception will not significantly alter the essential character of the surrounding neighborhood.
(2) For purposes of this division (D) only:
(a) Application. Application for rear yard setback reduction shall not be accepted unless the following conditions are met:
1. The reduction of the rear yard shall not allow for a rear yard of less than 25 feet;
2. The structure being considered shall be a single-family, detached dwelling in an R-1 Single-Family Residential District. Attached dwellings, duplexes, multi-family, attached carriage houses or townhouse type structures shall not be considered;
3. Application shall not be submitted to the city within two years of the date of the current certificate of occupancy as determined by the Building Official;
4. The area occupied by the primary structure shall count towards the percentage of required yard occupied in § 33.02 of this chapter;
5. A house location survey by a state licensed land surveyor must be provided and the rear property pins shall be exposed or re-established;
6. Petitioner shall be signatory to an affidavit that all restrictive covenants have been reviewed and are being complied with;
7. The encroachment shall not be allowed into the area of any easement for any purpose;
8. No part of the primary residence shall be used as a church, child care center, home occupation, bed and breakfast, rental for a period where the contract is less than 30 days or other use where a hearing is required. Approval of this rear yard reduction shall cause denial of any subsequent application for any use under this section;
9. The height of the encroachment shall not exceed the highest point of the coping of a flat roof, the deck line of a mansard roof or to the mean height level between eaves and ridges on gable, hip or gambrel roofs as determined by the Building Official; and
10. The width of the encroachment shall not exceed 50% of the width of the primary structure including attached garage.
(b) Standards. Standards include the following.
1. Approval of rear yard setback relief under this division (D)(2)(b) shall be by supermajority.
2. In order to approve, the Board must find that the following standards are met:
a. The exception is reasonably necessary due to practical difficulties;
b. It will not impair an adequate supply of light and air to adjacent properties;
c. It will not unreasonably increase congestion in public streets;
d. It will not increase the danger of fire or endanger the public safety;
e. It will not unreasonably diminish or impair established property values within the surrounding area;
f. The exception is in harmony with the essential character of the neighborhood of the land in question.
g. It will not impair the public health, safety, comfort, morals or welfare of the inhabitants of the city;
h. The structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is located; and
i. The approval does not conflict with the city’s comprehensive plan.
(c) Process. The provisions and standards set forth at § 17.01 of this chapter shall be applied and followed for actions under this subsection.
(d) Extension. Subject to the provisions of this division (D), the extension of a single-family dwelling into a rear yard setback area.
(Ord. 2018-05, passed 9-17-2018)