The Board of Zoning Adjustment shall have the following powers and duties:
(A) Administrative review. The Board of Zoning Adjustment shall hear and decide appeals where it is alleged by an applicant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Building Inspector or other administrative official in the carrying out or enforcement of any provision in this chapter and the interpretation of the zoning map. The concurring vote of three (3) members of the Board shall be necessary to reverse or modify any order or decision of the Administrative Official.
(B) Bylaws. The Board shall adopt bylaws for its own government subject to approval of the Board of Commissioners.
(C) Conditional uses. The Board shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations which may be suitable only in specific locations in the zone, only if certain conditions are met.
(D) Variances. The Board shall have the power to hear and decide on applications for off-street parking and loading variances as provided in § 156.130(B)(1) and for dimensional variance where by reason of the exceptional narrowness, shallowness, or unusual shape of the site on the effective date of the zoning code or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of buildings, size of yards, but not population densities) of the zoning regulations would deprive the applicant of the reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
(1) Before any variance is granted, the Board of Zoning 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:
(a) The specific conditions in detail which are unique to the applicant’s land and do not exist on other land in the same zone;
(b) The manner in which the strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone;
(c) Reasons that the variance will preserve, not harm, the public safety and welfare, and will not alter the essential character of the neighborhood;
(d) Proof that the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning code.
(2) Limits of authority. The Board of Zoning Adjustment shall not possess the power to grant a variance, to permit a use of any land, building, or structure which is not permitted by the zoning regulations in the zone in question or to alter density requirements in the zone in question. The Board of Zoning Adjustment does not possess the power to permit a use not authorized by this chapter.
(3) Application of variance. A dimensional variance applies to the property for which it is granted and not to the applicant. A variance also runs with the land, but it cannot be transferred by the applicant to a different site.
(4) Additional powers. In granting a variance, the Board of Zoning Adjustment may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable to the furtherance of the purpose of this chapter.
(5) Limitations. Before any variance is granted, the Board of Zoning Adjustment must find present conditions which must be sustained by evidence presented by the applicant that the property will not yield a reasonable return if used in compliance with this chapter; that the conditions causing the hardship are unique and are not shared by neighboring property in the same zone; that the granting of the variance will not be in conflict with the zoning code. These conditions must be alleged by the applicant and evidence must be produced by him or her to substantiate those allegations.
(6) Parking. Where there is no clear standard for off-street parking, the Board shall determine adequacy.
(Ord. passed 1-27-87; Am. Ord. 0-95-007, passed 10-25-95; Am. Ord. 07-0-002, passed 2-26-07)