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In addition to the other duties and powers specified in this chapter, the Board, after public hearing, shall have the power to authorize specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided that all of the basic conditions listed herein and at least one of the special conditions listed thereafter can be satisfied.
(A) Basic conditions. Any variance granted from this chapter:
(1) Will not be contrary to the public interest or to the intent and purpose of this chapter;
(2) Shall not permit the establishment within a district of any use which is not permitted by right within that zone district or any use or dimensional variance for which a conditional use permit or temporary use permit is required;
(3) Will not cause substantial, adverse effect upon the property values in the immediate vicinity or in the district in which the property of the applicant is located;
(4) Is not one where the special conditions relating to the property are so general or recurrent in nature so as to make the formulation of a general regulation for such conditions reasonably practical; and
(5) Relates only to the property that is under the control of the applicant.
(B) Special conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:
(1) Where there are practical difficulties which prevent the carrying out of the express provisions of this chapter. Such difficulties shall not be deemed economic but shall be evaluated in terms of the use of the particular parcel of the land;
(2) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property involved or to the intended use of the property that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this chapter; or
(3) Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(C) Rules. The following rules shall be applied in the granting of variances.
(1) The Board may specify, in writing, such conditions regarding the character, location and other features that will, in its judgment, secure the objective and purposes of this chapter. The breach of any such condition shall automatically invalidate the variance granted.
(2) Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance or permit has been commenced within six months after the granting of the variance and the occupancy of land, premises or buildings authorized by the variance have taken place within one year after the granting of the variance.
(3) No application for a variance that has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of last denial except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
(Ord., § 3.16, passed 8-5-1991; Ord. 2012-02, passed - -2012)
(A) When, in its judgment, the public welfare will be served and the use of neighboring property will not be injured thereby, the Board may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with the general character of the district and the intent and purposes of this chapter. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district effected nor on the property wherein the exception is permitted.
(B) The Board may issue either temporary or conditional permits as special exceptions for the following land and structure uses:
(1) Temporary permits. For temporary uses, temporary structures, partial structures including trailer coaches not located in a licensed mobile home park subject to the following procedures and limitations.
(a) Application for a permit for a use of a temporary or partial structure for dwelling purposes shall be made to the Board on a special form.
(b) The Board shall give due notice to the applicant and to all property owners within 300 feet of the property effected at least 15 days before the hearing will be held on such application.
(c) Said temporary permit shall not be granted unless the Board finds adequate evidence that the proposed location of the use will not be detrimental to the property in the immediate vicinity and that water and sanitary facilities have been approved by the appropriate health department.
(d) The Board may impose any reasonable conditions including setbacks, land coverage or off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of such condition shall invalidate the permit.
(e) The permit issued shall clearly set forth the conditions under which the permit is granted (e.g., during reconstruction of a permanent home destroyed by fire or other catastrophe) and shall state that the proposed temporary dwelling structure is to be vacated upon the expiration of a specific time limit not to exceed 12 months. No permit issued under this section shall be transferrable to any other owner or occupant.
(2) Conditional permits for reduction and off-street parking requirements.
(a) The Board may authorize a reduction, modification or waiver of any of the off-street parking or off-street loading regulations set forth in §§ 153.125 through 153.127, when the applicant has demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed to be economic but shall be evaluated in terms of the use of the particular parcel of land. A hardship that is a result of any action of the applicant taken after the adoption of this chapter shall not be considered by the Board. The foregoing notwithstanding, in no case shall off-street parking or off-street loading standards be reduced by more than 25%.
(b) Joint use of off-street parking areas may be authorized when the capacities required in §§ 153.125 through 153.127 are met and when a copy of an agreement between joint users shall be filed with the application for a building permit and recorded as an easement with the Register of Deeds of this county guaranteeing continued use of the parking facilities for each party.
(Ord., § 3.17, passed 8-5-1991)
In authorizing any variance or in granting any conditional temporary or special permit, the Board of Appeals may require that a bond of the type acceptable to the Board of Appeals be furnished to ensure compliance of the requirements, specifications and conditions imposed with the grant of variance or permit and to ensure the discontinuance of a temporary use by a stipulated time.
(Ord., § 3.18, passed 8-5-1991)
ZONING DISTRICTS
The village is hereby divided into the following districts:
R-1 | Neighborhood Conservation District |
R-2 | Low Density Single-Family Residential District |
R-3 | Multi-Family Residential District |
C-1 | Central Business District |
C-2 | Highway Commercial District |
I-1 | Light Industrial District |
A-1 | Agricultural Rural Estate District |
(Ord., § 4.1, passed 8-5-1991)
(A) The areas and boundaries of such districts noted above are hereby established to scale as shown on a map entitled “Zoning District Map of the Village of Pewamo”, and is referred to here as the “Zoning Map”. Said Zoning Map, together with everything shown thereon, is hereby adopted by reference and declared to be a part of this chapter. A copy is included under Appendix A to this chapter.
(B) Regardless of the existence of copies of the Zoning Map which may be made or published, the official Zoning Map shall be located at the village office and shall be the final authority as to the current zoning status in the village.
(C) Whenever any portion of a township is annexed to the village, the Village Council shall lawfully adopt zoning regulations within two years of the annexation. Any existing zoning regulations shall remain in full force until such time as the Village Council adopts such regulations.
(D) If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official Zoning Map, such changes shall be entered on the official Zoning Map promptly after the amendment has been approved by the Village Council.
(Ord., § 4.2, passed 8-5-1991)
(A) When uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerline of rivers, waterways, roads, streets, highways or alleys shall be construed to follow such centerline;
(2) Boundaries indicated as approximately following platted or unplatted lot lines shall be construed to follow such lot lines;
(3) Boundaries indicated as approximately following village boundaries shall be construed to follow village boundaries; and
(4) Distance not specifically indicated on the official Zoning Map shall be determined by the scale of the official Zoning Map.
(B) Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered by divisions (A)(1) through (A)(4) above, the Zoning Administrator shall interpret the district boundaries. Upon appeal, the Zoning Board of Appeals reserves the right to review and uphold or override the interpretation of the Zoning Administrator.
(Ord., § 4.3, passed 8-5-1991)
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