The Board of Appeals may authorize upon appeal in specific cases a variance from the terms of this Planning and Zoning Code, based upon the standards set out in sub-section 1131.17(c), Review by the Board, as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed for review by the Board of Appeals upon the forms provided, and shall be accompanied by the submission requirements below:
(1) Name, address, and phone number of applicant(s);
(2) Proof of ownership, legal interest, or written authority;
(3) Legal description of property or portion thereof;
(4) Identification of the zoning district in which the property is located;
(5) Description or nature of variance requested;
(7) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
A. The street providing access to the lot;
B. The lot/parcel identification of the subject site and the adjacent parcels;
C. The zoning of the subject site and adjacent parcels;
D. The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structures thereon;
E. The location and size of the proposed structure, and/or the proposed enlargement of existing structures;
F. The location and setback of the driveways;
G. An elevation drawing for any proposed new structures or additions; and,
H. Any other information, including but not limited to floor plans and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Building Inspector, may be necessary to provide for the enforcement of this Code.
(8) Payment of the appropriate application fee;
(9) List of all owners of the property contiguous to and directly across the street from the property for which the variance is requested; and,
(10) Any other documents deemed necessary by the Building Inspector.
(b) Review for Completeness. After receiving an application for a variance, the Building Inspector shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Appeals' agenda.
(c) Review by the Board. According to the procedures established for appeals in this Chapter, the Board of Appeals shall hold a public hearing and give notice of the same. The Board of Appeals shall review each application for a variance to determine if it complies with the purpose and intent of this Planning and Zoning Code and evidence demonstrates that the literal enforcement of this Planning and Zoning Code will result in practical difficulty. The Board shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors below.
Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
(1) 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. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) 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;
(5) Whether the variance would adversely affect the delivery of governmental services, such as water, sewer, or trash pickup;
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(7) Whether special conditions or circumstances exist as a result of actions of the owner;
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(10) 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; and,
(11) Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(d) Requests for Additional Information. The Board of Appeals may request that the applicant supply additional information that the Board of Appeals deems necessary to review and evaluate the request for a variance.
(e) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Chapter 1137, Enforcement and Penalties.
(f) Action by the Board. The Board shall act according to the procedures established for appeals in this Chapter.
(1) The Board shall:
A. approve,
B. approve with supplementary conditions, or
C. disapprove the request.
(2) The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done. (Ord. 2012-21. Passed 7-11-12.)