The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of the Zoning Ordinance would result in unnecessary hardship.
(a) Application and Standards for Variances. The Zoning Board of Appeals shall not vary the regulations of the Zoning Ordinance, as authorized in this section, unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property;
(3) Description of nature or variance requested;
(4) Narrative statements which demonstrate to the satisfaction of the Board of Zoning Appeals that the variance conforms to the following standards:
A. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
B. The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.
C. The purpose of the variance is not based exclusively upon desire to increase financial gain;
D. The alleged difficulty or hardship is caused by the Zoning Ordinance and has not been created by any persons presently having an interest in the property;
E. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
F. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
G. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Zoning Ordinance.
(b) Authorized Variances. Variances from the regulations of the Zoning Ordinance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the standards and conditions imposed in subsection (a) hereof have been met by the applicant. Variances may be granted as guided by the following:
(1) To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but generally the respective area and width of the lot or lots should not be less than eighty percent (80%) of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or loading facilities required by generally not more than one parking space or loading space, or twenty-five percent (25%) of the required facilities, whichever number is greater;
(5) To allow the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;
(6) To increase the maximum distance that required parking spaces are permitted to be located from the use served but generally not more than forty percent (40%);
(7) To increase the maximum allowable size or area of signs on a lot but generally by not more than twenty-five percent (25%);
(8) To increase the maximum gross floor area of any use so limited by the applicable regulations but generally not more than twenty-five percent (25%);
(9) To modify the supplemental yard and height regulations found in Chapter 1159.
No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than twelve months from the date of such order unless the building permit or zoning approval is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
(Ord. 82-1. Passed 2-16-82.)