(A) A proposed use which does not meet the buffer distance requirement shall have the right to make application to obtain a dimensional variance from the required buffer distance as set forth in § 158.307, Variances; Applications and Standards, of the Hopkinsville Code of Ordinances. The Board of Zoning Adjustment will make a determination to approve or deny the request based upon the criteria listed below. If a dimensional variance from the buffer distance is approved, the use shall be classified and be deemed a special use.
(B) A variance from the buffer distance shall not be granted by the BZA unless and until a written application for a variance is submitted to the BZA containing:
(1) Name, address and telephone number of applicant;
(2) Legal authorized signature of property owner;
(3) Legal description of property;
(4) Description of nature of variance requested;
(5) Description, distance to property lines and land use classification of surrounding properties; and
(6) A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) Special conditions and circumstances exist which are peculiar to the land, structures or buildings in the same district;
(b) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) Special conditions and circumstances do not result from the actions of the applicant;
(d) Granting the variance requested will not confer on the applicant any special privilege that negatively impacts other land, structures or buildings in the immediate vicinity; and
(e) In situations where the lot size is smaller than the required buffer distance and strict enforcement of the buffer distance would eliminate a proposed use and agreements to reduce the buffer requirements can not be obtained with all the adjoining property owners, the Board of Zoning Adjustment may through the dimensional variance process reduce the buffer distance to less than 50% of the required distance.
(C) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by this section, of this chapter have been met by the applicant.
(Ord. 33-99, passed 11-2-1999)