A variance is permission to deviate in a specific manner from the terms of the Zoning Ordinance, where, owing to special conditions of the land itself, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, and provided that only deviations from development standards shall be permitted.
(a) Authorization. The Board of Zoning Appeals may authorize variances from the terms of this Ordinance as stated in Section 1183.04
(b) when the Board has made findings of fact, based upon the standards set out in subsection (e) hereof.
(b) Application for Variance. An application for a variance, together with an application for a zoning certificate, shall be filed with the Zoning Inspector, who shall forward without delay a copy of each to the Secretary of the Board. The application shall contain the following:
(1) Description of property and nature of variance.
A. The nature of the variance i.e., including the specific provisions of the Zoning Ordinance from which the variance is requested.
B. A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.
C. A statement of the special circumstances or conditions applying to the land or structure and not applying generally through the Zoning District.
D. A statement showing that the special conditions and circumstances do not result from the actions of the applicant.
E. A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.
F. Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off street parking and loading spaces, and landscaping.
D. The relationship of the requested variance to the standards set by the Zoning Ordinance.
E. The use of land and location of structures on adjacent property.
(c) Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within three days after the filing of such application by the applicant.
(d) Hearing on Variance. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05
(c).
(Ord. 74-8. Passed 10-3-74.)
(e) Standards for Variances. Factors to be weighed in determining whether the property owner has encountered "practical difficulties" warranting area variance include, but are not limited to:
(1) Whether property will yield reasonable return or whether there can be any beneficial use of property without variance.
(2) Whether variance is substantial.
(3) Whether essential character of neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of variance.
(4) Whether variance would adversely affect delivery of governmental services.
(5) Whether property owner purchased property with knowledge of zoning restrictions.
(6) Whether property owner's predicament feasibly can be obviated through some method other than variance.
(7) Whether spirit and intent behind zoning requirement would be observed and substantial justice done by granting variance.
No one of which is conclusive.
(Ord. 2005-07. Passed 8-23-05.)
(f) Conditions and Restrictions. In granting a variance, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the variance as may be necessary to comply with the standards set out in subsection (e) hereof to reduce or minimize potentially injurious affects of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this Zoning Ordinance.
(g) Decision on Variance. The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Zoning Ordinance. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing, and in all cases within thirty days after the close of the hearing. A copy of the decision and findings of fact shall be sent to the applicant, Council, and the Planning Commission.
(h) Period of Validity. A variance granted by the Board shall terminate at the end of six months from the date on which the Board grants the variance unless, within such six month period, a zoning certificate is obtained.
(Ord. 74-8. Passed 10-3-74.)