Powers Generally. The Board shall have jurisdiction in matters and shall have the specific and general powers provided in this Code.
(a) Special Exceptions and Interpretation of Map. The Board shall have the power to hear and decide, in accordance with the provisions of this Code, requests or application for special exceptions or for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass.
(1) Special Exceptions. In addition to permitting the special exceptions heretofore specified in this code, the Board shall have authority to permit the following:
A. Nonconforming Uses. The substitution for a nonconforming use of another nonconforming use, if no structural alterations except those required by law or ordinance are made, provided, that any use so substituted shall be of the same or a more restricted classification; and
B. Temporary Uses and Permits.
1. The temporary use of a building or premises in a district for a purpose or use that does not conform to the regulations prescribed by this Code, provided that such use is of a true temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of temporary and revocable permit for not more than a twelve month (12 mo.) period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
2. The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this Code, provided that such structure or use is of a true temporary nature, is promotive of or incidental to the development of such undeveloped sections, and does not involve the erection of substantial buildings. Such permit shall be granted in the form specified under subsection B. 1. hereof.
(2) Interpretation of Map. Where the street or lot layout actually on the ground or as recorded, differs from the street or lot lines indicated on the Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this Code for the particular section or district in question.
(b) Administrative Review and Variances. The Board of Appeals also shall have the power as follows:
(1) Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Building Commissioner in the enforcement of the provisions of this Code.
(2) Variances. To authorize on appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Code will result in practical difficulty or, in the case of a use variance unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done, as follows:
A. The following factors shall be considered and weighed by the Board in determining practical difficulty:
1. Whether there can be any beneficial use of the property without the variance;
2. Whether the variance is substantial or is the minimum necessary to make possible the reasonable use of the land or structures;
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
4. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage collection);
5. Whether the variance sought is for relief from a zoning provision which was enacted after the creation of an existing condition or circumstance to the property in question;
6. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
7. Whether the property owner's predicament feasiblely can be obviated through some method other than a variance;
8. Whether the granting of the variance will create a nonconforming lot;
9. Whether special conditions or circumstances exist as a result of actions of the owner and/or applicant;
10. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
B. No such variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
(Ord. 7139-99. Passed 7-6-99.)
1. Where the literal application of the provisions of this zoning code either do not substantially advance legitimate city interests, or result in no economically viable use of the property for any purpose for which the property is zoned and thereby creates unnecessary hardship(s) unique to the property and not based on conditions created by the owner. (A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
(Ord. 7497-02. Passed 9-3-02.)
(Ord. 7497-02. Passed 9-3-02.)
2. Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are unique to the property involved and do not apply to other property within the same zone unless the same exceptional circumstances exist;
3. Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located;
4. Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Master Plan of the City of Bedford; and
5. The variance sought is the minimum which will afford relief to the applicant.
C. No grant or variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property for which the variance is sought is not of so typical or recurrent a nature as to make reasonable practicable the formulation of a general regulation, under an amendment of this Code, for such conditions or situations.
D. The Board shall have no power to authorize a variance for the establishment of a nonconforming use where none previously existed.
E. In considering a request for a variance from the regulation concerning signs, the Board shall give consideration and arrive at a finding on the following:
1. Shape and area of lot in question;
2. Bulk and floor area of the main building or structure;
3. Setback of proposed sign from all property lines;
4. Zoning and use of surrounding parcels;
5. Unusual or exceptional topography; and
6. Compatibility with general intent of this Code to encourage development without detracting from the use and enjoyment of surrounding property.
(c) Time Limitations on Construction. All variance or other permits granted by the Board shall lapse and become void unless the applicant or owner obtains a building permit within six months (6 mos.) after the granting of the variance or other permit and unless construction is begun within six months (6 mos.) thereafter. No variance or other permit shall become void without an opportunity for a hearing by the Board. The Board may grant an extension of time for good cause shown.
(Ord. 7139-99. Passed 7-6-99.)