In any district where dwellings are permitted, a permitted residential dwelling(s) may be erected on any lot of official record on the effective date of this Zoning Code even though such lot does not comply with the minimum lot area and minimum width requirements of such district, provided said lot has a minimum of forty (40) feet of frontage on an improved public street and further provided the following conditions are met:
(a) If the owner of such lot does not own adjoining property and did not own such property at the time this Zoning Code became effective:
(1) Each required side yard may be reduced by two (2) inches for every foot that is narrower than the required lot width at the building line, but in no case shall each required side yard be less than four (4) feet. Such dedications shall not apply to structures higher than two (2) stories.
(2) Required rear yards shall be twenty-five (25) percent of the lot depth, but in no case shall be less than fifteen (15) feet.
(b) If the owner of such lot owns the adjoining property and owned such property at the time this Zoning Code became effective then in order to erect a dwelling(s) that meets district dimensional requirements, such lots shall be combined to create a parcel that meets said requirements.
(c) Administrative Variance. Administrative variances will only be considered when the proposed project is a supplement to or the reconstruction of an existing structure. If the approval of an administrative variance introduces new nonconforming conditions, the application will not be considered. Administrative variances will only be considered for residential properties located in the following neighborhoods: Washington Knolls, Winchester Manor, the Historic District, Olde Towne, Miller Addition.
(1) Application to be Made. Written application for an administrative variance shall be made by the property owner(s) or lessee(s) to the Planning and Zoning Administrator.
(2) Application Fee. No fee is required.
(3) Application Contents. The application for a variance shall contain as a minimum:
A. Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
B. A current and accurate legal description of the property(s) in question.
C. The nature of the variance required including what provisions of the Zoning Code are affected.
D. A plot plan to show:
1. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
2. The nature of the special conditions or circumstances.
3. The proposed use of all parts of the lot and structures.
4. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Administrator to review the application.
(4) Criteria for Approval.
A. Is the proposed addition/modification architecturally compatible with the existing structure and the neighborhood?
B. Is the proposed addition/modification location compatible with the existing structure and the structures in the neighborhood?
C. Is this a supplement to or the reconstruction of an existing structure?
D. Will the approval of the proposed variance improve existing conditions within the neighborhood?
(5) Review Procedure.
A. Filing of Application. One (1) copy of a completed application must be filed with the Planning and Zoning Administrator. Upon receipt of the application, the Planning and Zoning Administrator will review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Planning and Zoning Administrator, shall result in a rejection of the application.
B. Application Review. Upon receipt of a completed application, the Planning and Zoning Administrator has a maximum of ten (10) business days to review the application. The Planning and Zoning Administrator must be able to respond positively to all of the criteria listed in Section 1153.14 (c) (4) in order to approve the variance request. The Planning and Zoning Administrator may also approve the variance with modifications or disapprove the variance. In approving a variance(s), the Planning and Zoning Administrator may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein. The Planning and Zoning Administrator’s determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
C. Issuance Of A Zoning Certificate. Upon approval of the Planning and Zoning Administrator, a Certificate of Zoning Compliance for all approved variances shall be issued to the applicant within ten (10) days of approval. The requirements relative to expiration of Section 1135.05 shall apply. At the monthly Planning and Zoning Commission meetings, the Planning and Zoning Administrator shall provide a report outlining the administrative variances granted.
D. Appeals. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving an application for an administrative variance(s) shall have the right to file an appeal with the Planning and Zoning Commission. The appeal shall be filed no later than ten (10) days after the decision of the Planning and Zoning Administrator. At the time of filing, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)