(A) General. The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures 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 chapter would result in unnecessary hardship.
(B) Submission requirements. The following information is required for the application of a variance request:
(1) Name, address and phone number(s) of applicants;
(2) Legal description of property and location of map (sketch) showing relation of property to adjacent roads and property;
(3) Description of nature of variance requested; and
(4) A narrative statement demonstrating that the requested variance conforms to the requirements of this section.
(C) Granting variances. In carrying into effect its powers to grant variances, the Board shall be guided by the following criteria:
(1) There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district;
(2) Because of the particular physical surroundings, shape or topographic conditions of the specific property involved, an unusual and unnecessary hardship to the owner would result, as distinguished from a mere inconvenience or economic hardship, if the strict letter of the ordinance were to be carried out;
(3) Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question;
(4) The alleged difficulty or hardship is caused by the ordinance and has not been caused by any persons presently having an interest in the property;
(5) Granting of the variance will not constitute a change of use in the district or classification;
(6) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(7) The approval will not be injurious to the public health, safety and general welfare of the community; and
(8) The approval does not interfere substantially with the comprehensive plan then in effect.
(D) Additional conditions and safeguards. The Board may further impose such conditions and restrictions on the use benefitted by a variance as are necessary to meet the standards established and the intent of this chapter.
(E) Expiration of variance. A variance granted by the Board shall be deemed null and void unless a building permit was issued and work thereon is substantially underway within 12 months of the granting of said variance, or within the period of time beyond 12 months as may be granted by the Board.
(F) Restrictions on Board actions on variances.
(1) Every decision of the Board shall be subject to review by certiorari.
(2) No variance in the application of the provisions of this chapter or to development standards (such as height, bulk, area or setbacks) shall be made by the Board relating to buildings, land or premises, now existing or to be used or constructed, unless after public hearing, the Board shall find that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(c) The strict application of the terms of the ordinance will result in practical difficulties in the use of the property.
(3) No variance in the application of the provisions of this chapter as to use shall be made by the Board of Zoning Appeals. The use of property shall be determined by the zoning districts provided or by the special exception provisions.
(Ord. passed 9-26-2006)