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The Board of Appeals shall have the power to authorize upon an appeal specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided that all of the basic conditions listed herein and any one of the special conditions listed thereafter can be satisfied.
(a) Basic Conditions. Any variance granted from this Zoning Code shall meet the following basic conditions:
(1) It will not be contrary to the public interest or to the intent and purpose of this Zoning Code.
(2) It shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a conditional use permit or a temporary use permit is required.
(3) It will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.
(4) It is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.
(5) It will relate only to property that is under the control of the applicant.
(6) It does not result from a condition created by the applicant.
(7) It does not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
(b) Special Conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:
(1) There are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this Zoning Code. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.
(2) There are exceptional or extraordinary circumstances or physical conditions, such as narrowness, shallowness, shape or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this Zoning Code.
(3) Such variance is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(c) Rules for Granting. The following rules shall be applied in the granting of variances:
(1) The Board may specify, in writing, such conditions regarding the character, location and other features that will, in its judgment, secure the objectives and purposes of this Zoning Code. The breach of any such condition shall automatically invalidate the permit granted.
(2) Each variance granted under the provisions of this Zoning Code shall become null and void unless:
A. The construction authorized by such variance or permit has been commenced within six months after the granting of the variance.
B. The occupancy of land, premises or buildings authorized by the variance has taken place within one year after the granting of the variance.
(3) No application for a variance which has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
(Ord. 89. Passed 4-10-72.)
When, in its judgment, the public welfare will be served and the use of neighboring property will not be injured thereby, the Board of Appeals may hear and decide, in accordance with the provisions of this chapter, requests for exceptions and for decisions on special situations on which this chapter specifically authorizes the Board to pass. Any exception shall be subject to such conditions as the Board may require to preserve and promote the character of the district in question. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district affected, nor on the property wherein the exception is permitted. The Board may issue either temporary or conditional permits as special exceptions for the following land and structure uses.
(a) Temporary Permits. The granting of such special exceptions for temporary structures for dwelling purposes, including mobile homes, shall be subject to the following procedures and limitations:
(1) An application for a permit for the erection or movement of a temporary structure for dwelling purposes, including mobile homes, shall be made to the Board on a special form used exclusively for that purpose.
(2) The Board shall give due notice to the applicant and to all property owners as provided for in Section 1264.04(a).
(3) A temporary permit shall not be granted unless the Board finds adequate evidence that the proposed location of use will not be detrimental to property in the immediate vicinity and that the proposed water supply and sanitary facilities have been approved by the County Health Department.
(4) The Board may impose any reasonable conditions, including setbacks, land coverage, off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit.
(5) The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed six months. No permit shall be transferable to any other owner or occupant.
(b) Conditional Permits. When conditions exist that are unique to a particular situation, a conditional permit may be issued with specific limitations imposed by the Board. The land or structure use may be permitted to be established and to continue in use as long as the conditions unique to the use exist. The permit may be cancelled when the conditions upon which the permit was issued cease to exist. The permit issued shall contain all the specified conditions under which continued use may be allowed. Conditional permits may be issued for the following uses:
(1) The Board may authorize a reduction, modification or waiver of any of the off-street parking or off-street loading regulations in Chapter 1288, when it can be demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land. A hardship that is a result of any action of the applicant shall not be considered by the Board. Under all these circumstances, in no case shall the off-street parking or off-street loading standards be reduced by more than 25%.
(Ord. 2001-9. Passed 12-10-01; Ord. 2005-4. Passed 10-10-05; Ord. 2009-5. Passed 11-9-09.)
The Board of Appeals shall determine whether a nonconforming building or structure may be expanded, except as otherwise provided in Chapter 1286, and whether a nonconforming use may be substituted for another nonconforming use.
(Ord. 2001-9. Passed 12-10-01.)
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