A. DIMENSIONAL VARIANCES: Before any dimensional variance is granted, the Board of Adjustment must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance. Such dimensional variance shall not be granted by the Board of Adjustment unless and until:
1. A written application for a dimensional variance (including the required fee as per SECTION 19.0 of this Ordinance) is submitted demonstrating:
a. That specific conditions and circumstances exist which are unique to the applicant's land and do not exist on other land in the same zone.
b. That the manner in which the strict application of the provisions of this Ordinance would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.
c. That the unique conditions and circumstances are not the result of actions of the applicant taken subsequently to the adoption of this Ordinance.
d. Reasons that the dimensional variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood.
e. That granting the dimensional variance requested will not confer on the applicant any special privilege that is not conferred by this Ordinance to other lands, structures, or buildings in the same zone. No nonconforming use of neighboring lands and structures in the same zone shall be considered grounds for the issuance of a dimensional variance.
2. Notice of public hearing shall be given at least fourteen (14) days in advance of the hearing by first class and certified mail to each owner of record of every parcel of property adjoining the property to which the dimensional variance is requested. It shall be the duty of the person or persons proposing the dimensional variance to furnish to the Zoning Administrator the names, property, and mailing addresses of the owners of all adjoining property. Where property adjoins a street or alley, property abutting the opposite side of such street or alley shall be considered adjoining property. Records maintained by the Property Valuation Administrator shall be relied upon to conclusively determine the identity, property, and mailing address of the owner. If the property is in condominium or cooperative forms of ownership, the person notified by mail shall be the president or chairman of the owner group, which administers property commonly, owned by the condominium or cooperative owners. A joint notice may be mailed to two (2) or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
3. The public hearing shall be held. Any person may appear in person, or by agent or by attorney.
4. Prior to granting a dimensional variance;
a. The Board of Adjustments shall further make the following findings when granting a dimensional variance:
(1) The granting of the variance will be in harmony with the general purpose and intent of this Ordinance as well as the adopted Comprehensive Plan for the City of Newport.
(2) It will not be injurious to the neighborhood, or otherwise, detrimental to the public welfare.
(3) It will not adversely effect the public health, safety, or welfare.
(4) It will not alter the essential character of the general vicinity.
(5) It will not cause a hazard or nuisance to the public.
(6) It will not allow an unreasonable circumvention of the requirements of the zoning regulations.
b. In granting any dimensional variance, the Board of Adjustment may prescribe appropriate conditions and safeguards, when made a part of the terms under which the dimensional variance is granted.
B. DIMENSIONAL VARIANCE CANNOT CONTRADICT ZONING REGULATION; The Board of Adjustment shall not possess the power to grant a dimensional variance to permit a use of any land, building, or structure which is not permitted by this Ordinance in the zone in question, or to alter density requirements in the zone in question.
C. DIMENSIONAL VARIANCE RUNS WITH LAND: A dimensional variance applies to the property for which it is granted and not to the individual who applied for it. A dimensional variance also runs with the land and is transferable to any future owner of land, but it cannot be transferred by the applicant to a different site.
D. CHANGE FROM ONE NONCONFORMING USE TO ANOTHER: No change from one nonconforming use to another will be granted by the Board of adjustment unless and until:
1. A written application for a change from one nonconforming use to another (including the required fee as per SECTION 19.0 of this Ordinance) is submitted to the Board demonstrating the following:
a. Reasons that the proposed change will preserve, not harm the public safety and welfare and will not injure the essential character of the neighborhood.
b. The proposed nonconforming use will be more in conformance with the Adopted Comprehensive plan for the City of Newport as it applies to the area in question, than the existing nonconforming use, and also more in conformance to the type of uses permitted in the zone in question, as per this Ordinance, than the present existing nonconforming use.
2. Notice of public hearing shall be given in accordance with SECTION 18.2 of this Ordinance.
3. The public hearing shall be held. Any person may appear in person, or by agent or by attorney.
4. Prior to granting a change from one nonconforming use to another, the Board of Adjustment shall make findings that the requirements of this and other applicable sections of this Ordinance have been met by the applicant.
(Am. Ord. O-2016-024, passed 12-12-16)