(A) Board of Zoning Appeals. There is hereby created a Town of Chandler Board of Zoning Appeals the members of which shall be appointed and serve in accordance with state laws and all acts amendatory thereto.
(B) Requirements for variances. No recommendations shall be made by the Board of Zoning Appeals for a variance in the provisions or requirements of this title unless the Board of Zoning Appeals finds that the following facts and conditions exist:
(1) That a variance is a means of relief which is available only when some peculiar circumstance as to size or shape of the parcel of land (and sometimes its location) is such that the literal application of the provisions of this title would impair the owner’s rights to some reasonable use of the property. A variance shall not be granted unless, in the first place, there are such peculiar circumstances.
(2) That the circumstances which cause the hardship must be peculiar to the property in question, or to such a small number of properties that they clearly constitute marked exceptions to the property in the neighborhood. If the circumstances cited as a basis for applying for the variance are common to the property in the neighborhood the variance shall not be granted.
(3) That after establishing the peculiar circumstance applying to the property in question, it is next necessary to show that the variance is required in order to reserve a substantial property right of the petitioner. It is of no moment whatever that the denial of the variance might deny to the property owner some opportunity to use his or her property in a more profitable way or to sell it at a greater profit than is possible under the terms of this title. The owner is entitled only to a reasonable use of his or her property.
(4) That any alleged hardship is not self-created by any person having an interest in the property nor is the result of mere disregard for or ignorance of the provisions of this title.
(5) That the regulations to which the variance is sought shall be modified as little as possible so that the substantial intent and purpose of the regulations shall be preserved. The granting of the variance should be made subject to such conditions as will constitute this end.
(6) That the variance will not result in substantial detriment to adjacent property nor the surrounding neighborhood, and will not be materially detrimental to the public welfare.
(C) Grant of variance. The grant of a variance by the Board of Zoning Appeals in a proper case where practical difficulty and unnecessary hardship shall have been found, shall be by resolution. The granting of a variance shall not be by ordinance amending this title.
(D) Conditions and limitations. In connection with any recommendation by the Board of Zoning Appeals for the granting of a variance, the Board shall include any conditions, requirements or limitations to be attached to the variance, which the Board may believe to be necessary and desirable to protect adjacent properties and the surrounding neighborhood, and to carry out the purposes and objectives of this title. The Board shall incorporate such conditions, requirements and limitations in any grant of a variance, which the Board in its judgment deems reasonable and appropriate to effectuate the principles and purposes of this title.
(E) Time limit. Any variance granted by the Board of Zoning Appeals (“BZA”) shall expire 6 months after the effective date of such action by the BZA, unless a permit based upon and incorporating the variance is obtained within the aforesaid 6-month period, or unless the provisions of the variance are adhered to within the aforesaid 6 months, provided good cause is shown, and the application for extension shall be filed with the BZA at the Planning Commission 2 weeks prior to the expiration of the aforesaid 6-month period.
(Ord. 2017-02, passed 2-20-2018)