(a) Appeals shall be heard and decided where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Commissioner in the enforcement of this Zoning Ordinance.
(b) Appeals may be taken by any person, firm or corporation, or by any officer or board of the Village of New London, deeming himself or those to be adversely effected by the decision of the Zoning Commissioner respecting the interpretation of the Zoning Ordinance. Appeal shall be made no later than twenty calendar days after the date of the grievance.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Commissioner, whose decision is being appealed, shall certify to the Board of Zoning Appeals after the notice of appeal has been filed, that by reasons of facts stated in the certificate, a stay would, in his opinion, cause "imminent" peril to life or property. In such case, proceeding shall not be stayed by other than a restraining order granted by the Board of Appeals or by a Court having lawful jurisdiction.
(d) 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 where, owning to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structure, 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 this Zoning Ordinance would result in unnecessary hardship.
(e) Except as otherwise permitted in this Zoning Ordinance, no variance in the strict application of the provisions of this Zoning Ordinance shall be granted by the Board of Zoning Appeals unless the Board shall find that the written application for the requested variance contains all of the following requirements:
(1) Name, address, and phone number of applicant(s);
(2) Legal description of property;
(3) Description or nature of variance requested;
(4) A fee as established by ordinance;
(5) Narrative statements establishing and substantiating that the variance conforms to the following standards:
A. The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Zoning Ordinance on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.
B. The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district.
C. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land.
D. There must be proof of hardship created by the strict application of this Zoning Ordinance. It is not sufficient proof of hardship to show that greater profit would result in the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this Zoning Ordinance; it must be suffered directly by the property in question; and evidence of variances granted under similar circumstances need not be considered.
E. The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
F. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public street, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
G. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(f) In addition the Board of Zoning Appeals may permit such modification as may be necessary to secure the appropriate improvement of a parcel of land that is too small to be appropriately improved without such modification provided the parcel was separately owned at the time of passage of this Zoning Ordinance or is adjacent to buildings that do not conform to the general restrictions applicable to their location. Requirements of subsection (e)(5)A. to C. must be applied.
(g) In granting variances, exceptions or conditional uses, the Board may impose such conditions as it may deem necessary to protect the public health, safety and welfare and to further the purpose and intent of this Zoning Ordinance. Those conditions shall be made a part of and be attached to the required Zoning Permit.
(h) The Board shall hear and determine all conditional use applications which possess unique or special characteristics relating to location, design, size, traffic generation and methods of operation, except for Industrial Districts which are provided for in Chapters 1114 and 1115. Conditional uses although often desirable, will more intensely affect the surrounding area in which they are located, than the permitted uses of such districts. Since this is the case, the Board shall approve an application for a Conditional Use only when the following conditions are met:
(1) The Conditional Use is in general accord with the New London Village Comprehensive Zoning Plan.
(2) The proposed development will be in keeping with the existing land use character and physical development potential of the area and will not be of substantial detriment to the public interest, to the property, to other property values or improvements.
(3) If necessary, to accommodate certain projects, special conditions may require a greater amount of open space, entrance or exit drives, special lighting, noise control requirements, and fencing and landscaping.
(Ord. 2015-09. Passed 7-13-15.)