The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance 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 with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) Name, address and phone number of applicant(s);
(2) Proof of ownership, legal interest or written authority;
(3) Description of property or portion thereof;
(4) Description or nature of variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance pursuant to subsection (b) below;
(6) Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee as established by Council;
(8) Any other documents deemed necessary by the Zoning Inspector.
Upon receipt of a written request for variance, the Zoning Inspector shall within a reasonable amount of time make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Inspector shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.
(b) Review by the Board. According to the procedures established for appeals in Section 1165.02(b), the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Ordinance and evidence demonstrates that a variance from the literal enforcement of this Zoning Ordinance will afford justice and avoid unnecessary hardship. The following factors shall be considered and weighed by the Board:
(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 adjacency to nonconforming and 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, trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the owner;
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
(9) 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.
The Board of Zoning Appeals has no authority to authorize a change in the use of any parcel of land.
(c) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.
(d) Action by the Board. The Board shall either approve, approve with supplementary conditions as specified in subsection (c), or disapprove the request for variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
(e) Term and Extension of Variance. Variances shall be nonassignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board of Zoning Appeals. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section.
(Ord. 3-95. Passed 1-17-95.)
(f) An application for a zoning variance which has been previously disapproved and/or approved with supplemental conditions attached by the Board of Zoning Appeals shall not be resubmitted to the Board of Zoning Appeals for the duration of the period of 90 days after the disapproval or approval with supplementary conditions, and said reapplication shall comply with all of the requirements of this section including the payment of the required fee.
(Ord. 12- 99. Passed 2-16-99; Ord. 10-2011. Passed 10-18-11; Ord. 2017-12. Passed 10-17-17.)