§ 6-3-8-3. AUTHORIZED VARIATIONS.  


Latest version.
  • The following variations from this Ordinance are authorized:

    (Ord. 115-0-04)

    (A)

    Minor Variations: Minor variations consisting of the following types shall be for single-family and two-family uses only and may be granted up to a maximum of thirty-five percent (35%) unless specified differently below:

    1.

    Front, side, and rear yards and setbacks, including those interior side yard and setback variations necessary for second floor additions to principal structures that are legally nonconforming with respect to required interior side yards and that have existing interior side yards no less than three (3) feet deep.

    2.

    Height.

    3.

    Minimum setbacks between principal and accessory structures.

    4.

    Other accessory structure requirements.

    5.

    Lot width.

    6.

    Gross lot coverage including impervious surface.

    7.

    Dormer size and location.

    8.

    Modification of a residence to meet the special needs of the disabled.

    (Ord. 94-0-09)

    (B)

    Fence Variations: Variations from the requirements for fences, set forth in Section 6-4-6-7, "Special Regulations Applicable To Fences," of this Title may be granted subject to the standards and conditions of Subsection 6-3-8-12(B) and Section 6-3-8-14 of this Chapter.

    (C)

    Family Necessity Variations: The types of minor variations listed in Subsection (A) of this Section may be granted in excess of the maximum of twenty percent (20%) for single-family and two-family uses and residential care homes only, subject to the procedures and standards set forth in Section 6-3-8-7 and Subsection 6-3-8-12(D) of this Chapter respectively in order to:

    1.

    Modify a residence to meet the special living needs of the disabled.

    2.

    Modify a residence to provide space for an elderly parent to live with the family of his or her child.

    3.

    Modify a residence to accommodate a growing family or to alleviate an inconvenience.

    (Ord. 115-0-04)

    (D)

    Major Variations: "Major variations" shall be defined as all variations other than minor variations and fence variations, and shall be limited to the following:

    1.

    Yards and setbacks.

    2.

    Height.

    3.

    Lot size, width and depth (including flag lots).

    4.

    Lot coverage including impervious surface and/or floor area ratio.

    5.

    Off-street parking and loading.

    6.

    Home occupations.

    7.

    Townhouse orientation.

    8.

    Expansion, alteration, and/or enlargement of legal, nonconforming residential uses that contain no more than four (4) dwelling units and zero (0) lodging rooms/rooming units, and/or construction of accessory uses to such legal, nonconforming residential uses.

    9.

    Open front porch setback.

(Ord. 95-O-09; Ord. No. 4-O-13, § 8, 4-22-2013; Ord. No. 40-O-18 , § 3, 8-13-2018)