(a) In General. The Board of Zoning Appeals may authorize, upon appeal in specific cases, such variance from the provisions of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in practical difficulties. 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 ground of convenience or profit, but only where strict application of the provisions of this Zoning Code would result in practical difficulties.
(b) Specific Findings Required. Variances from the provisions of this Zoning Code shall not be granted unless the Board of Zoning Appeals makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the standards and conditions set forth in subsection (d) hereof have been met by the applicant.
(c) Effective Period of Board Orders. No order of the Board granting a variance shall be valid for a period longer than six 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.
(d) Application and Standards. The Board shall not vary the provisions of this Zoning Code, as authorized in subsection (a) hereof, unless and until a written application for a variance is submitted to the Zoning Inspector and the Board, containing:
(1) The name, address and phone number of the applicants;
(2) A legal description of the property;
(3) A description of the nature of the variance requested;
(4) Narrative statements which demonstrate to the satisfaction of the Board that the variance conforms to the following standards, which shall be considered and weighed by the Board in determining practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district;
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, or trash pickup;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether special conditions or circumstances exist as a result of actions of the owner;
H. Whether the property owner’s predicament feasibly can be obviated through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures or buildings in the same district.
(e) Conditions and Restrictions. The Board 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 Code.
(f) Variances in the Flood Hazard District.
(1) In general. In considering applications for variances from the requirements of the Flood Hazard District, the Board shall review all technical evaluations and other relevant factors and standards specified in other sections of this Zoning Code and shall determine how approval of the variance would affect:
A. The potential danger caused by materials being swept onto other lands to the detriment of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
F. The necessity to the facility of a waterfront location, where applicable;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the Comprehensive Plan and to the flood plain management program for that area;
I. The safety of access to the property in times of flood for ordinary and emergency and public safety vehicles;
J. The expected heights, velocity, duration, rate of rise and sediment transport of flood waters and the effects of wave action, if applicable, expected at the site; and
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(2) Half-acre lots. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the provisions of paragraph (f)(1) hereof have been fully considered. As the lot size increases beyond the one half acre, the technical justification required for issuing the variance increases.
(3) Historic places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(4) Increases in flood levels. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5) General standard. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Specific standards. Variances shall only be issued upon:
A. A showing of good and sufficient cause;
B. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
C. A determination that the granting of a variance will not result in increased flood heights beyond that which are allowed in this Zoning Code, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public as identified in paragraph (f)(1) hereof, or conflict with existing local laws.
(7) Notice to grantees. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(g) Administrative Variances.
(1) An administrative variance is a variance that alters a minimum front yard setback requirement by ten percent or less for existing single-family and two-family dwellings; or alters a minimum rear yard setback requirement by twenty-five percent or less for existing single-family and two-family dwellings; or authorizes a reduction of up to ten percent in the number of off-street parking spaces pursuant to the regulations of Chapter 1292. All such variances may be granted under the terms and conditions of paragraph (g)(1)A. through (g)(1)E. hereof.
A. An applicant requests the administrative variance with procedures set forth in this Zoning Code for application for variances as contained in subsection (d) hereof.
B. In addition to the published notice, the Development Department shall give notice by mail, postage prepaid, of the time, place and purpose to all owners of property who are contiguous to and directly across the street or alley from the parcel or parcels proposed for appeal or variance. The notice shall explain the proposed administrative variance and of the right to review, comment on, and object in writing within ten days after the notice was mailed. No public hearing is required upon a minor variance that may be granted through the administrative procedure unless a written objection is received within that ten day period, in which case the variance must be processed through the normal procedures of the Board of Zoning Appeals as set forth in this chapter.
C. If the Development Department receives no objections to the requested variance within ten working days of the mailings of the notice, the Development Department may grant the variance upon a written finding that it complies with the standards contained in subsections (a) through (f) hereof.
D. The Development Department may impose conditions upon the administrative approval.
E. The Development Department is authorized to grant up to twenty-five percent administrative rear-yard setback and ten percent front-yard setback variances for additions to existing single-family and two-family dwellings that meet the following conditions:
1. The addition will be open in nature, such as a deck or porch;
2. The addition will create a single-story extension of the existing floorplan of the dwelling;
3. The exterior building materials and colors of the addition shall be architecturally similar to the exterior building materials and colors of the existing dwelling or those proposed to be used on the existing dwelling;
4. The design of the addition shall be architecturally compatible to the existing dwelling to which it shall be attached, and to dwellings on adjoining properties;
5. The floor plan of the addition shall complement the existing or proposed floorplan of the dwelling.
(Ord. 6576. Passed 3-15-16.)