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Exceptions are intended to allow the efficient and expeditious disposition of requests for modification or exemptions from strict application of the Zoning Code under very specific circumstances where the decision requested has, by its nature, little prospect of significantly impacting neighboring land or the community as a whole. The following constitute exceptions pursuant to this Section:
A. Extension of a district for a distance of not more than 25 feet, where the boundary line of a district divides a parcel or parcels in single ownership on September 14, 1959.
B. Reconstruction of a nonconforming structure that has been destroyed or partially destroyed, where there is some compelling public necessity requiring the continuation of the nonconformity.
C. Modification of the interpretation and application of the provisions of this Zoning Code where the street layout actually in existence varies from the street layout as shown on the Official Zoning Map.
D. Enclosure of an existing porch with less than a minimum of 60 percent glass or other translucent material on exterior walls above the porch floor that extends within the front setback for a distance of not more than 10 feet, subject to the following:
1. Consideration of the need for open, rather than enclosed, porches within yards as part of the open space proximate to dwellings, for the benefit of the dwelling's occupants and of the neighborhood.
2. Consideration of the need for the particular enclosure to provide reasonable living amenities for the dwelling generally, rather than for a particular occupant, and the alternatives for providing such amenities.
3. Consideration of the probable effect on the character of development and property values in the neighborhood, both negative and positive, and the desirability of encouraging owners to invest in those improvements in older neighborhoods that tend to increase living amenities and stabilize property values.
4. Authorizing the enclosure will not impair an adequate supply of light and air to adjacent property, create a traffic hazard in streets, increase the danger of fire or imperil the public safety, unreasonably diminish established property values in the surrounding areas, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the City.
E. Provision of a reasonable accommodation to a person with a disability.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
Mailed notice of the Board of Zoning Appeals hearing must be provided in accordance with Sec. 1111.0300.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
The Board of Zoning Appeals must hold at least one public hearing on the proposed exception.
A. Quasi-judicial. The Board of Zoning Appeals' public hearing is a quasi-judicial hearing.
B. Decision. Following the hearing, at the same or subsequent meeting, the Board of Zoning Appeals must take action to approve, approve with conditions, or deny the proposed exception.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
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