(a) Variations from Area Regulations.
(1) Lot area. The Board shall not grant variations of lot area requirements in Two-family or Multi-family Districts to permit residences other than one- family dwellings as provided in Section 1309.43.
(2) Floor area. The Board may permit variation of not more than ten percent decrease of the minimum floor area requirements of a dwelling, if by reasons of greater lot frontage or area, or side yard widths than required, or by exceptionally skillful arrangement of the house or site plans, the result of such variation will be in harmony with the character of the neighborhood.
(3) Sign area. The Board may permit variations of not more than twenty percent increase in the maximum sign area permitted where the setback of an adjoining building is substantially less than required.
(b) Variations from Lot Width Regulations. The Board may permit variations of not more than twenty percent decrease of the required lot width in Residential Districts for a lot of record, if it is of such restricted area that it cannot be appropriately improved without such modification, and provided the owner owns no adjoining land.
(c) Variations from Yard Regulations.
(1) The Board may permit variations of yard regulations of not more than twenty percent decrease in a Residential District for a lot of record if, because of peculiar shape or for topography of the lot, such variations are necessary to obtain appropriate development, provided the Board finds that privacy will not be impaired, and that light and ventilation will be adequate on such lot and not unduly diminished on adjoining lots.
(2) In a Residential District the Board may permit a modification of the side yard regulation so as to allow a one-story garage to be attached to an existing dwelling. Such garage may project into a required side yard, provided the resulting distance, including projections shall be not less than three feet to the nearest lot line and not less than twenty feet to a dwelling on an adjoining lot.
(3) In Residential Districts the Board may permit modifications of the side yard regulations for main and accessory buildings on corner lots of record, provided the Board finds that privacy of the occupants and the sight lines of the street intersection will be not unduly impaired and the adjoining property will not be unduly deprived of light and ventilation.
(4) In Residential Districts the Board may permit a variation of side lot regulations of not more than thirty-three and one-third percent decrease on lots of record which are less than fifty feet in width or which have a depth of less than 120 feet, so as to allow a one-story garage to be constructed, relocated or added to, provided the Board finds that privacy will not be impaired and that light and ventilation will be adequate and not unduly diminished on adjoining lots.
(d) Variations from Height Restrictions. The Board may permit increase in height of a proposed or existing building or part thereof to the same height as an adjacent building nonconforming as to height, if such increased height is essential to the completion of the building as originally planned and that the adjoining properties will not be unduly deprived of light and air.
(e) Variations from Nonconforming Building and Use.
(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of or changes in nonconforming uses where none previously existed, except in terms of this section and Chapter 1329 of this Zoning Ordinance.
(2) The Board may permit variations of not more than twenty percent of increase in the area of signs as set forth in this Zoning Ordinance in the rebuilding or relocation of an existing sign, provided the Board finds that the sign will not create unsightliness or unduly decrease the visibility of an adjoining establishment or sign.
(f) Landscape and Protective Features. The Board, upon making various determinations, shall endeavor to protect adjoining property, to assure safety of pedestrians and convenience of traffic movements within the area in question, and may require the provision of curbs, guard rails, wall, fences or other landscape or protective features, to further the purposes of this Zoning Ordinance.
(Ord. 2003-34. Passed 6-23-03.)