(A) Variations from the provisions of this chapter may be granted by the Zoning Board where practical difficulties and unusual hardships in complying with those provisions are determined to exist, but only after a public hearing has been duly advertised and held by the Board. The Zoning Board may impose the restrictions and conditions upon the premises benefitted by a variance as it considers necessary so that the public health, safety and general welfare may be secured and substantial justice done.
(B) Applications for variance shall be accompanied by a plot plan as required for permit applications, and a certified listing, by complete name address, of all property owners within 250 feet of the property in question.
(C) The procedure for applying for a variance from the regulations of this chapter is as follows.
(1) The property owner or his or her agent shall meet with the Administrator to explain his or her situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application along with the required exhibits with the Administrator. Any application for a variance shall be accompanied by the required filing fee as established by the County Board.
(3) The Administrator shall transmit the application to the Chairperson of the Zoning Board and shall determine with the Chairperson the time and place of the required public hearing.
(4) The Administrator may provide courtesy notices to those owners of property within 250 feet of the property in question.
(5) The Administrator shall have notice of the scheduled public hearings published in a newspaper of general circulation in the county at least 15 days before the hearing in conformity with the state statutes.
(6) The Zoning Board shall hold the public hearing within 45 days of filing and shall take one of three actions - approval, denial or conditional approval.
(D) Standards for granting variances. The Zoning Board may vary the regulations of this chapter when supporting evidence in each specific case indicates that:
(1) Because of the particular physical surroundings, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the petition for a variance are based are unique to the parcel of land for which the variance is sought and not applicable generally to other property with the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;
(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any person presently or formerly having an interest in the parcel of land;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located;
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the vicinity; and/or
(7) Decisions of the Zoning Board may be appealed to the County Board for a final decision by any interested party. The appeal must be filed in writing to the County Clerk within ten days following the Zoning Board decision.
(E) Flood variances. In addition, no variation to the special flood hazard area regulations contained in this chapter shall be granted by the Zoning Board, or by the County Board if appealed, unless the applicant conclusively demonstrates that:
(1) The development activity cannot be located outside the special flood hazard area;
(2) An exceptional hardship would result if the variation were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(6) Any and all other local, state and federal permits that may be required for this type of development activity have been obtained;
(7) The Administrator has reviewed the plans and states, in writing, that the project is in conformance with the “General Provisions” and “Criteria for Land Management and Use” of the National Flood Insurance Program (44 C.F.R. parts 59 and 60, as published by the Federal Emergency Management Agency, 5-31-1979); and
(8) The applicant shall be notified that the granting of a variance for construction and/or development in the special flood hazard area will result in an increase in the flood insurance rates according to the risk as assigned.
(Prior Code, § 152.124) (Ord. passed 3-9-1976; Ord. passed 6-12-1986; Ord. passed 9-14-1989; Ord. passed 11-12-1992)