1141.06 VARIANCES.

   (a)   The Board shall have the power to authorize upon appeal in specific cases, filed as provided in the Dover City Zoning Ordinances, such variances from the provisions or requirements of said Zoning Ordinances as will not be contrary to the public interest so that the spirit of said Zoning Ordinances shall be observed and substantial justice shall be done. In granting a variance, the Board may impose such conditions as it may deem necessary to protect the public health, safety and well being, and in furtherance of the purposes and intent of said Zoning Ordinances.

   (b)   When determining whether or not to award a variance from the requirements of the Dover City Zoning Ordinances, the Board shall consider the following factors:

      (1)   Whether the existing Dover City Zoning Ordinances create a situation in which the applicant is unable to yield a reasonable return or enjoy any beneficial use of the property without the variance requested;

      (2)   Whether the variance requested requires a significant departure from the City of Dover Zoning Ordinances;

      (3)   Whether the essential character of the neighborhood where the variance is sought, will be substantially altered if said variance is granted;

      (4)   Whether the owners of land adjoining the property for which the variance is sought will be suffer a substantial detriment;

      (5)   Whether the award of the variance sought would adversely affect the delivery of governmental services, including, but not limited to, the provision of water, sewer, garbage collection or fire protection;

      (6)   Whether the applicant’s predicament giving rise to the request for a variance can be feasible obviated through a method other than the issuance of a variance;

      (7)   Whether the applicant for the variance purchased the property with knowledge of the zoning restriction that gave rise to the request for the variance; and

      (8)   Whether the spirit and intent of the zoning restriction giving rise to the request for the variance will be substantially preserved if the variance requested is granted.

   (c)   With due consideration of the totality of the circumstances, including the factors listed in subsection (b) above, the Board shall grant an application for a variance to the area requirements and restrictions of the Dover City Zoning Ordinances, only if the applicant demonstrates that such area requirements and restrictions impose a practical difficulty upon the applicant. For purposes of the within provision, the term “area requirements and restrictions”, shall include, but not be limited to, provisions set forth in the Dover City Zoning Ordinances relating to setback, height, frontage, percentage of lot coverage, minimum lot area, minimum floor area, and yard requirements and restrictions.

   (d)   With due consideration of the totality of the circumstances, including the factors listed in subsection (b) above, the Board shall grant an application for a variance to the use requirements and restrictions of the Dover City Zoning Ordinances, only if the applicant demonstrates that a failure to obtain the variance requested will remove all economic viability of the property. For purposes of the within provision, the term, “use requirements and restrictions”, shall include, but not be limited to, the provisions set delineated in Sections 1141.02 and 1141.03 relating to the particular manner that property may be put to use. The application for a conditional use shall not be considered a request for a use variance, but shall be determined pursuant to the terms set forth in Section 1141.05.

   (e)   No request for a variance shall be granted unless the Board determines that the condition or situation applicable to the affected property, and/or the intended use thereof, is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition, situation or use.

(Ord. 13-05. Passed 3-21-05.)

   (f)   Lapse of Variances.

      (1)   A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted. If the person who received the variance or the subsequent owner of the land have not completed substantial construction within that one year, the variance shall expire and the land reverts to its prior zoning and use restriction under the Dover Codified Ordinances; unless, the person or subsequent owner of the land requests within the initial twelve months or the second twelve month extension, a twelve month extension of the variance from the Board of Zoning Appeals. The extension may be granted without a hearing. One additional twelve- month extension (for a maximum of two twelve month extensions) may be granted. After the expiration of three years from the grant of the variance, and only if the person or subsequent owner appropriately requested the extensions, noted herein, the variance shall lapse and any rights to deviate from the zoning and use restrictions of the Dover Codified Ordinances granted by the variance shall terminate and expire.

      (2)   Whenever the Board of Zoning Appeals grants a variance, it is granted subject to the time restrictions stated in this subsection and a copy of this subsection shall be deemed part of any variance so granted. A copy of this subsection shall be provided to the applicant at the time the variance is granted. (Ord. 67-09. Passed 1-4-10.)