(Sec. 1.01)
Authority.
The board
of adjustment shall have the authority to grant special exceptions
in accordance with the procedures and standards herein provided to
permit:
(1)
The reconstruction of a nonconforming structure,
if said structure is totally or partially damaged or destroyed, provided
that said permit is applied for within six (6) months from the date
of damage. If a permit has not been automatically issued within six
(6) months from the date of damage, the board of adjustment may grant
a permit for repair or replacement to the previous building parameters
after a public hearing and having due regard for the property right
of the persons affected when considered in the light of public welfare
and the character of the areas surrounding the designated nonconforming
structure and the purposes of this ordinance.
(2)
The extension or enlargement of a nonconforming
structure, provided that the structure or portion thereof being extended
or enlarged is not for the purpose of a nonconforming use.
(3)
To deviate yard requirements in the following circumstances:
(a)
An exception from the front yard requirements where
the existing front yard setbacks of the various lots in the same block
are not uniform, so that any one of the existing front yard setbacks
shall for any building hereinafter constructed be the required minimum
front yard set back.
(b)
An exception from the rear yard requirements where
the actual rear yard setback of any four (4) or more lots in the same
block do not meet the applicable rear yard requirements of these regulations.
(c)
The board of adjustment shall be empowered to grant
special exceptions allowing a waiver or reduction of up to ten (10)
percent in any required yard where it is shown that the encroachment
into the required yard occurred unintentionally during the construction
of the building and the encroachment was inadvertent and not a part
of a deliberate plan to violate the terms and conditions of the zoning
ordinance.
(4)
To deviate bufferyard requirements that would otherwise
apply to single family residential units that are to replace housing
on existing residential lots located in the R-1 or R-2 districts.
(5)
To waive or reduce off-street parking and loading
requirements when the board finds that the same are unnecessary for
the proposed use of the building or structure for which the special
exception request applies.
(6)
To permit any nonconformity which is nonconforming
solely because of inability to comply with regulations governing screening
or landscaping, subject to conditions which may be imposed by the
board.
