The board shall have authority to make exceptions as specifically set forth in this chapter, subject to the conditions specifically described.

(1)

Lots divided by district boundaries. Where a district boundary line divides a lot of record, the board shall have power to permit the extension of a use permitted on the less restricted portion of such a lot to that portion of said lot which lies in the more restricted district, provided that such extension shall be made for a distance of not to exceed 50 feet beyond the district boundary line in any case.

(2)

Lots abutting a different zoning district. Permit an exception in the use and location of buildings on any lot abutting a different zoning district, provided that the use or location shall not have an undesirable effect upon the more restricted district and provided further, that the yard requirements cannot be less than 50 percent of the requirements for the more restricted district, and provided further, that the variation shall not extend more than 50 feet into the more restricted district.

(3)

Height of building as originally planned. Permit the erection of a building to its full height or use, as originally planned, when foundations and structural members are designed to carry such building higher, when said building has been partially erected previous to the adoption of this chapter.

(4)

Boardinghouse and lodginghouses. Permit a boardinghouse or lodginghouse in an R-2 district, provided:

a.

Two persons shall be permitted for each sleeping room in excess of the sleeping rooms required of the family.

b.

Parking space on the lot shall be provided for each person lodging at the house in addition to the family unit.

c.

No sign shall be displayed on the premises other than one card, which may be displayed in the window indicating boarding or lodging.

(5)

Home occupation in R-2 districts. Permit a home occupation, as herein defined, in a dwelling in an R-2 district, provided:

a.

That such use shall be conducted entirely within the dwelling and shall occupy only one room on the ground floor which shall not be greater than 200 square feet in area.

b.

That there shall be no display or advertising or other outward indication of such special use other than one sign not exceeding two square feet in area bearing the name and occupation, word only, of the practitioner.

c.

That in other respects the building and premises shall be so treated and the permitted activity so conducted, that the use of such lot will be in harmony with the character of the district in which it is located.

(6)

Project sign. The board may grant a temporary permit for a freestanding ground sign, to be used during the development of a project for advertising the project, for a period of not more than one year. Such sign shall not be greater than 300 square feet in size and shall be set back from any street line a distance of not less than 50 feet.

(7)

Building size reduction. Permit the erection of a commercial building of a size less than that required in sections 44-546, 44-582, 44-667 and 44-709 for businesses which, because of their specific characteristics, such as real estate offices, outdoor sales offices, service shops or businesses of a similar nature, may not require the floor space as herein provided.

(8)

Repair or storage facilities in C-1 and C-2 districts. Permit incidental facilities for repair or storage in a C-1 and C-2 district, provided:

a.

Not more than ten percent of the floor area of the building shall be used for repair and/or storage facilities.

b.

No operation requiring a motive power of over five horsepower shall be permitted.

c.

Repairs and minor accessory operations to fit the merchandise to the customers' specific needs only shall be permitted.

(9)

Extension of hours of work. Permit the extension of hours of work in M-1 districts, when such extension is necessary because of an emergency, and under such conditions and safeguards as will protect the neighboring residential districts from unnecessary disturbances.

(10)

Circuses, fairs, carnivals and similar uses. Permit a circus, fair, carnival and similar uses in any district under the following conditions:

a.

When engaged in by schools, churches, fraternal societies and similar nonprofit organizations as an accessory use for the sole purpose of raising money for the financial support of such institutions in pursuit of their natural functions; provided, that such uses are confined to the land and buildings normally used and occupied by such institutions.

b.

Such use and occupancy is temporary and/or seasonal only.

c.

Such use and occupancy is not detrimental to adjacent surrounding property.

d.

Such use and occupancy is not disturbing to the public peace and tranquility.

e.

Such use and occupancy will not create undue traffic and congestion.

f.

Permits for such uses may be granted for periods not to exceed eight days consecutively and may be renewable for not more than eight days.

(11)

No authority for change in use. The board shall have no authority to authorize a change in the use of any parcel of property or to change the height requirements in this chapter, other than is herein specifically specified.

(Code 1969, § 5.290; Code 1977, § 28-500)