Council may, by ordinance, determine and vary the application of any of the provisions of this Zoning Code in harmony with the general purpose and intent of such provisions relating to the use, construction or alteration of buildings or the use of land, in cases where there are practical difficulties or particular hardship in carrying out the strict letter of any such provision. Variances, however, shall only be authorized in the following instances:
(a) To permit a temporary building for business or industry in a district for a use otherwise excluded from such district, provided that the use is incidental to the development of that district, such permit to be for a period of not more than one year;
(b) To permit the alteration or enlargement of an existing building occupied by a non-conforming use, where such alteration or enlargement is a necessity incident to such use;
(c) To permit, in an M-1 Limited Manufacturing District, a building or use otherwise excluded from such District, provided that such building or use is distinctly incidental and essential to a use permitted in such District and provided, further, that such incidental building or use occupies not more than ten percent of the lot, that not more than ten percent of the employees of the building or plant will be engaged therein and that such building or use is not located within fifty feet of a street;
(d) To permit the extension of a district where the boundary line of the district divides a lot in single ownership, as shown on record prior to the date of passage of this Zoning Code;
(e) To permit a front, side or rear yard less than that required by this Zoning Code;
(f) To permit a building to exceed the height limit by not more than ten percent of the height limit established by this Zoning Code;
(g) To permit the use of a lot smaller in area than the lot area required by this Zoning Code;
(h) To permit the use of a lot smaller in width than the lot width required by this Zoning Code;
(i) To interpret this Zoning Code where the street layout actually on the ground varies from the street layout as shown on the Zoning Map fixing the several districts, which Map is incorporated in and made a part of this Zoning Code;
(Adopting Ordinance; Ord. 1996-22. Passed 9-9-96.)
(j) To permit an increase in the maximum lot coverage, as set forth in Section 1246.07, by not more than thirty-three percent;
(k) To permit an increase in the maximum gross floor area, as set forth in Section 1246.08, by not more than ten percent;
(Ord. 1996-29. Passed 11-25-96.)
(m) To permit a decorative masonry wall, used in conjunction with landscaping or for screening purposes, to encroach into the fifteen foot wide landscape buffer area as required by Section 1461.01(g)(4), but by not more than two feet;
(n) To permit a sign to exceed the height limit by not more than fifteen percent of the height limit set forth in Chapter 1480; and
(o) To permit a sign to exceed the maximum surface area limit by not more than fifteen percent of the maximum surface area limit set forth in Chapter 1480.
(p) To permit a right-of-way width for a minor street of less than that required by Section 1246.02(a)(3), but not less than fifty feet in width.
(q) To permit up to a six percent (6%) reduction in the parking space length requirement of Section 1282.10(a) of the Village Code.
(r) To permit up to a six percent (6%) reduction in the parking space square footage requirement of Section 1282.10(a) of the Village Code.
(s) To permit an accessory building to be constructed beyond the front building line of the principal building, subject to the location of said accessory building being otherwise in compliance with Section 1286.06(a)(6).
(Ord. 2001-36. Passed 9-10-01; Ord. 2004-05. Passed 1-26-04; Ord. 2005-27. Passed 7-11-05; Ord. 2007-15. Passed 2-26-07; Ord. 2020-24. Passed 11-9-20; Ord. 2021-30. Passed 11-22- 21; Ord. 2022-19. Passed 11-14-22.)