The Board of Zoning Appeals, as herein established, is a body of limited powers. The Board shall have the following specific powers and duties:
(a) Purpose. The purpose of the Board shall be to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or interpretation in the enforcement of this Zoning Code, and to hear and decide cases where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Zoning Code so that the spirit of this Zoning Code shall be observed, public safety secured and substantial justice done.
(b) Authorization. As set forth in Section 603(l) of Public Act 110 of 2006, as amended, and herein, the Board shall have the authority to hear and decide appeals and grant variances from this Zoning Code as to be in harmony with the general purpose and intent thereof so that the function of this Zoning Code is observed, public safety and welfare secured and substantial justice done, including the following:
(1) Interpretation of Zoning District Boundaries. Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of this Zoning Code, where street layout actually on the ground varies from the street layout as shown on the Map aforesaid. In cases of any question as to the location of any boundary line between zoning districts, the Board shall interpret the Zoning Map.
(2) Height, Yard Space and Area Requirements. Permit such modification of the height, yard space and area requirements as may be necessary to secure improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be improved without such modification.
(3) New Construction. Permit modification of zoning requirements for new and existing buildings where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Zoning Code so that the spirit of this Zoning Code shall be observed, public safety secured and substantial justice done.
(4) Off-Street Parking Lot Development and Loading Requirements. Permit a variation, in the required regulations, specified in Section 1262.02
of this Zoning Code, if after investigation by the Board, it is found that such variation, modification or exception is necessary because of peculiar existing conditions and that such variation, modification or exception will provide substantial justice to the applicant, secure the safety of the public, and observe the spirit of the Zoning Code.
(5) Temporary Buildings, Uses and Signs. Permit temporary buildings, uses and signs for periods not to exceed six months.
(6) Performance Bonds. Establish performance bonds to insure compliance with any requirement which may be deemed necessary for approving any variance. (See Section 1242.07
.)
(c) Action on Building Department Decisions. The concurring vote of two-thirds of the members of the Board shall be necessary to reverse any order, requirement, decision or interpretation of the Zoning Code in favor of the applicant on any matter upon which the Board is authorized by this Zoning Code to render a decision.
The power or authority to alter or change this Zoning Code or the Zoning Map is reserved to the Village Council of the Village of Franklin in the manner provided by law.
(d) Standards for Variances. In consideration of all appeals and all proposed variances from this Zoning Code, the Board shall ensure that the intent of the Zoning Code is observed, public safety is secured, and substantial justice is done:
(1) The Board may brant a requested “non-use” or “dimensional” variance only upon finding that practical difficulties exist. A finding of practical difficulties must require demonstration by the applicant of all of the following:
A. Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters will unreasonably prevent the owner from using the property for a permitted purpose or will render Zoning Code conformity unnecessarily burdensome.
B. The variance will do substantial justice to the applicant, as well as other property owners.
C. A lesser variance than requested will not give substantial relief to the applicant and/or be consistent with justice to other property owners.
D. The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district.
E. The problem and resulting need for the variance has not been self- created by the applicant and/or the applicant’s predecessors. Self-created conditions include, but are not limited to:
1. The property owner not knowing or discovering local zoning restrictions and opportunities.
2. The property owner making financial commitments prior to zoning approval.
3. The property owner constructing without necessary permits.
4. The property owner creating a unique situation.
5. The property owner overbuilding or not building to market conditions.
6. The property owner falsifying information.
(2) The Board may grant a requested “use” variance only upon a finding that an unnecessary hardship exists. A finding of unnecessary hardship must require a demonstration by the applicant of all of the following:
A. The property cannot be put to a reasonable use is permitted to be used only for uses allowed in the district in which it is located.
B. The hardship of the owner is due to unique circumstances peculiar to the property and not to general neighborhood conditions.
C. The problem is not self-created. Self-created conditions include, but are not limited to:
1. The property owner not knowing or discovering local zoning restrictions and opportunities.
2. The property owner making financial commitments prior to zoning approval.
3. The property owner constructing without necessary permits.
4. The property owner creating a unique situation.
5. The property owner overbuilding or not building to market conditions.
6. The property owner falsifying information.
D. The proposed variance will cause development of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.
E. The proposed variance will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in Residential Districts.
F. The location, size, intensity, site layout and periods of operations of any such proposed development allowed by the variance will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
G. The location and height of buildings or structures and the location, nature and height of walls and fences allowed by the variance will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
(e) Conditions of Variances. The Board, in acting on any appeal in connection with a request for a variance, may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the foregoing standards.
In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or interpretation appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building Official.
(Ord. 101. Passed 2-20-70; Ord. 2017-02. Passed 2-13-17.)