§ 154.563  LIMITATIONS ON BOARD'S POWER TO ACT.
   (A)   Use variances prohibited.  The Board may not grant a variance to allow a use or conditional use in a zoning district where such use or conditional use is not expressly permitted by the zoning ordinance.
   (B)   The Board may not grant a variance to allow any of the prohibited use classes as listed in § 154.016.
   (C)   The Board may issue a variance for the extension of a structure or use into a more restricted zoning district, but not more than 25 feet beyond the boundary line of the district in which such use is authorized, where a use district boundary divides a lot in single ownership.  Such variance may only be authorized where the use proposed is permitted or conditionally permitted in the zone for which the structure extension is proposed.
   (D)   The Board may issue a variance for the expansion of structures or construction of new structures on premises devoted to a nonconforming use where the cost of such expansion during any ten-year period does not exceed 50% of the value at which the existing structures stand on the tax duplicate, or the value of the structure as determined by appraisal or in any one-year period to an extent exceeding 30% of such value, and together with such conditions as the Board may deem appropriate to minimize the nonconforming character of the use.
   (E)   The Board may issue a variance for the erection or temporary placement of buildings, or the use of structures and premises in residential districts that do not conform to the regulations of such districts, for a period of not more than 18 months where such structures are temporary only and uses are clearly incidental to and necessary for residential development.
   (F)   The Board may not grant a variance to § 154.073 reducing the setback between a proposed habitable structure and an existing oil well, gas well or an oil or gas storage tank or battery of tanks to less than 100 feet.
(Ord. 16-167, passed 2-7-17)