The Board of Zoning Appeals shall be authorized to hear dimensional variance requests for matters that are beyond the scope of Buildings, Safety Engineering, and Environmental Department’s ten percent administrative adjustments (see Section 50-2-21(9) of this Code). Said dimensional variances may be granted in the following seven instances based on the approval criteria of Section 50-4-121 of this Code, except as may be limited or restricted by other provisions of this chapter:
(1) Location or amount of off-street parking. For a variance from the required location of off-street parking facilities or the amount of off-street parking facilities required, or both, where, after investigation by the Board, it is found that such modification is necessary to secure an appropriate development of a specific parcel of land, provided, that any such modification will not be inconsistent with other requirements and general purpose of this chapter; or
(2) Loading spaces. For a variance of the loading space provisions of Article XIV, Division 1, Subdivision D, of this chapter where, after investigation by the Board, it is ascertained that the volume of vehicular service will not require complete compliance with said provisions, or that variance will not cause undue interference with the public use of the streets or alleys or imperil public safety, and where the requested variance will not be inconsistent with the spirit and purpose of this chapter; or
(3) Height requirements in airport overlay zones. For a variance of the height requirements, as specified in the airport overlay zones “A,” “B,” or “AA,” after obtaining and giving due consideration to a report and favorable recommendation from the Airport Department regarding its interests in the matter under consideration, provided, that said modification variance will not be injurious to contiguous or neighboring properties, or contrary to the spirit and intent of this chapter; or
(4) General dimensional standards. For a variance of the minimum lot area, minimum lot width, minimum setbacks, maximum height (except as provided in Section 50-13-157 of this Code for the SD4 District), maximum lot coverage, recreational space ratio (RSR), maximum floor area ratio (FAR) (except as provided
in Section 50-13-157 of this Code for the SD4 District), bulk, or cubical content as specified in Article XIII of this chapter, except for antennas, and other similar structures, the dimensional variances or adjustments of which are provided for in this chapter provided:
a. That the open space needs of the potential occupants are adequately served; and
b. That said facility complies with all appropriate federal and state statutes, Wayne County Code of Ordinances, this Code and their accompanying regulations that control or regulate such use, including all applicable standards of this Zoning Ordinance chapter; or
(5) Antenna limitations. For a variance of the dimensional limitations of antennas as provided for in Article XII, Division 3, Subdivision G, of this chapter.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).