(a) Nature of Variance: On a particular property, extraordinary circumstances may exist making a strict enforcement of the applicable Development Standards of the Zoning Ordinance unreasonable and, therefore, the procedure for variance from Development Standards is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change in the primary use of the land or structure permitted.
(b) Written Application: One (1) copy of a provided application accompanied by a copy of the denied Certificate of Zoning and a statement of the reason for denial shall be filed with the Municipal Administrator or designee not more than twenty (20) days from the date such denial of the Certificate of Zoning Compliance is issued.
(c) Description of Property and Nature of Variance: The application shall include the following statements
(1) The nature of the variance, including the specific provisions of the Zoning Ordinance upon which the variance is requested;
(2) A legal description of the property;
(3) A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the Zoning District;
(4) A statement showing that the special conditions and circumstances do not result from the actions of the applicant;
(5) A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights;
(6) Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(d) Plot Plan: The application shall be accompanied by ten (10) copies of a plot plan drawn by a professional surveyor to an appropriate scale showing the following:
(1) The boundaries and dimensions of the lot;
(2) The nature of the special conditions or circumstances giving rise to the application for approval;
(3) The size and location of existing and proposed structures;
(4) The proposed use of all parts of the lot and structures including access ways, walks, off-street parking and loading spaces, and landscaping;
(5) The relationship of the request variance to the Development Standards;
(6) The use of land and location of structures on adjacent property.
(e) Actions of the Board of Zoning Appeals: The Board of Zoning Appeals shall hold a public hearing and act on an appeal in one of the following ways:
(1) Public Notice: Notice of the public hearing shall be given to the adjoining property owners as set forth in Section 1136.03(a)(2)B. (Notice of Hearing). No publication shall be necessary.
(2) Approval of Variance: The Board shall only approve a variance or modification thereof if extraordinary circumstances exist. The Board shall consider the following to determine if extraordinary circumstances exist:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use without the variance;
B. Whether the variance is substantial;
C. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
D. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
E. Whether the property owner purchased the property with knowledge of the zoning restriction;
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
H. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(3) Certificate of Zoning: A Certificate of Zoning Compliance may be issued only within the period of one (1) year from the date of final approval by the Board of Zoning Appeals;
(4) Building Permit: A building permit may be obtained only for the development in accordance with the approved plot plan.
(Ord. 19-011. Passed 4-22-19.)