The Zoning Board of Appeals shall have the following specified powers and duties.
(A) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the administrative official or any other administrative official in carrying out, or enforcing, any provisions of this chapter.
(B) Interpretation. To hear and decide in accordance with the provisions of this chapter:
(1) Appeals for the interpretation of the provisions of this chapter; and
(2) Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on the subject.
(C) Variances.
(1) Generally.
(a) The Zoning Board of Appeals shall have the power to authorize use variances and dimensional (non-use) variances from such requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations; such requirements as off-street parking and loading space, and sign regulations; and other similar requirements as specified in this chapter.
(b) To obtain a variance, the applicant must submit an affidavit indicating that the standards for either a "practical difficulty" or "unnecessary hardship" exist, as described below.
(2) Dimensional or non-use variances.
(a) To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties upon the owner of such property; provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
(b) In granting a dimensional variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in furtherance of the purpose of this chapter. A dimensional variance shall not be granted unless all of the following standards are met:
1. Special conditions and circumstances exist that are unique to the land, structures, or buildings involved, and are not applicable to other lands, structures, or buildings in the same district;
2. The special conditions and circumstances on which the variance request is based do not result from the actions of the applicant;
3. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this chapter;
4. Granting the variance requested would not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district;
5. The existence of non-conforming uses of neighboring lands, structures, or buildings in the same district; permitted or non-conforming uses of land, structures, or buildings in other districts; and non-conforming structures shall not be considered grounds for the issuance of a variance;
6. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure; and
7. The variance granted shall be in harmony with the intent of this chapter and will not be injurious to the environment, neighborhood, or otherwise detrimental to the public interest.
(3) Use variances.
(a) To authorize, upon an appeal, a variance for a specific use of land that is not otherwise permitted in the district in which the property is located where the strict application of the regulations enacted would result in an unnecessary hardship upon the owner of such property.
(b) In granting a use variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in the furtherance of the purpose of this chapter.
(c) A use variance shall not be granted unless all the following standards have been met:
1. The property cannot reasonably be put to a conforming use (i.e., that the property cannot yield a reasonable economic return if it is used in strict compliance with this chapter);
2. The plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions which may reflect the unreasonableness of the zoning itself;
3. The use to be authorized will not alter the essential character of the locality;
4. The problem is not self-created; and
5. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure.
(4) The Zoning Board of Appeals shall not approve an application for a variance unless it has found positively that a practical difficulty or unnecessary hardship exists under the preceding criteria.
(Ord. 99, passed 11-18-1996, § 24.03; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)