In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determinations as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. A quorum of three and a concurring vote of a majority of the members of the Board present shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to affect any variation in the application of this Ordinance. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector.
(b) To authorize, upon proper appeal, a variance from the strict application of the provisions of this Zoning Ordinance where owing to special conditions, pertaining to the effective date of this Ordinance, a literal enforcement of the Ordinance will result in unnecessary hardship or practical difficulties subject to the following conditions.
(1) Hardship refers to topographic, shape or similar conditions of the land which indicate the property is unique and cannot be put to a conforming use. Hardship shall not refer to the economic or personal condition of the owners or lessees, nor to any conditions created by them whether intentional or not,
(2) No variance shall be granted which would allow a use or condition which would otherwise be prohibited in the zoning district involved.
(3) No variance shall be granted which would cause substantial detriment to the public interest or cause material damage to adjacent properties.
(4) No variance shall be granted unless the Board of Zoning Appeals can show an extraordinary condition exists and is not likely to recur.
(5) The Board may require such other conditions such as location, character, landscaping, parking, paving or adjacent land acquisition as it deems necessary to be attached to the approval of a variance. Failure to comply with such attached conditions shall cause automatic cancellation of the permit and invoke penalties provided for in this Zoning Ordinance.
(6) Any variance approved should represent the least change from this Ordinance possible after allowing some relief from hardship.
(7) All reasons for granting a variance shall be written up as part of the minutes of the Board of Appeals.
(c) To grant conditional zoning permits as specified in the district regulations, the Board of Zoning Appeals shall take into account the proximity of such uses to one another, with respect to appropriate land use in accordance with the land use plan and the following basic standards:
(1) Residential districts.
A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the predominant residential character of the neighborhood, or be incongruous therewith or conflict with the normal traffic on the residential streets of the neighborhood, both at the time and as the same may be expected to increase with any prospective increase in the population of the neighborhood, taking into account, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections and the general character and intensity of development of the neighborhood.
B. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(3) Business or industrial districts.
A. The location and size of the use, the nature and intention of the operations involved in or conducted in connection with it, its size layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the County, taking into account, among other things, vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances and relation to pedestrian traffic.
B. The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another and characteristic groupings of uses in a business or industrial district.
C. The site layout, the location, nature and height of walls and fences, and the display of signs in connection with the use shall be such that the use will not hinder the appropriate development and use of adjacent land and buildings or impair the value thereof.
D. The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or lights to a greater degree than is normal with respect to the proximity of business to residential uses.
(d) To authorize the issuance of permits for storage tanks subject to appropriate conditions and safeguards for the storage, handling and use of liquefied petroleum gases/flammable liquids/combustible liquids as authorized pursuant to Section 1148.12. The Board shall review the particular facts and circumstances of each proposed permit and shall consider whether the proposed placement of the tank:
(1) Will have adequate fencing and/or barriers, screening and landscaping;
(2) Will be hazardous or otherwise detrimental to existing neighboring uses or to principal permitted uses of the district;
(3) Allows for vehicular access and is designed so as not to create an interference with traffic on surrounding public streets or roads;
(4) Will cause destruction, loss or damage of a natural, scenic or historic feature of major importance; and
(5) Is harmonious and in accordance with the general and relevant specific objectives of the City's comprehensive plan and/or Zoning Ordinance.
(Ord. 243-2021. Passed 11-22-21.)