(a) Nature of Variance. On a particular property extraordinary circumstances may exist making a strict enforcement of the applicable development standards of the Zoning Ordinance unreasonable and, therefore, the procedure for variance from development standards is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which to not ordinarily involve a change of the primary use of the land or structure permitted. Variances shall not be granted on the grounds of convenience or reduced or greater profit, and evidence of variances granted under similar conditions elsewhere is irrelevant.
(b) Written Application. Eight copies of a provided application accompanied by a copy of the denied Zoning Permit shall be filed with the Zoning Inspector within twenty calendar days after the decision of such denial of the Zoning Permit. In addition, the following information shall accompany the application of appeal. The Zoning Inspector shall review the application for completeness prior to accepting it for filing and forwarding it to the Board of Zoning Appeals for consideration. The Zoning Inspector shall approve the completeness of the application if it evidences response to all submittal requirements and criteria as stated in this Ordinance.
(1) Description of property and nature of variance. The application shall include the following statements:
A. The nature of the variance, including the specific provisions of the Zoning Ordinance upon which the variance is requested.
B. A legal description of the property.
C. A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district.
D. A statement showing that the special conditions and circumstances do not result from the actions of the applicant.
E. A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.
F. Such other information regarding the application for variance as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by eight copies of a plot plan drawn to an appropriate scale showing the following:
A. The boundaries and dimensions of the lot.
B. The nature of the special conditions or circumstances giving rise to the application for approval.
C. The size and location of existing and proposed structures.
D. The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.
E. The relationship of the requested variance to the applicable development standards and other requirements of the Zoning Ordinance.
F. The use of land and location of structures on adjacent property.
(3) A list containing the names and mailing addresses of all owners of property within 250’ of the parcel at issue.
(c) Action by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within forty-five (45) days after receipt of a complete application and act on an application for a variance. At such hearing the applicant shall present a statement and adequate evidence in such form as the Board of Zoning Appeals may request. Failure to appear means the application will be deemed dismissed or withdrawn by the applicant.
(1) Notice of Public Hearing in Newspaper. Before conducting the public hearing required in Section 1138.05
(c) herein, notice of such hearing shall be given in one or more newspapers of general circulation in the Municipality at least fifteen (15) days before the date of said hearings. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(2) Notice to Parties in Interest. Before conducting the public hearing required in Section 1138.05
(c) herein, written notice of such hearing shall be mailed by the Zoning Inspector by first class mail, at least fifteen (15) days prior to the hearing to all property owners within 250 feet of the parcel at issue. Failure of delivery of notice does not invalidate notice. This notice shall contain the same information as required of notices published in newspapers as specified in Section 1138.05
(c)(1) above. Failure of delivery of notice does not invalidate said notice.
(3) Approval of Variance by the Board of Zoning Appeals. Within forty-five (45) days after the public hearing required in Section 1138.05
(c), the Board of Zoning Appeals shall approve, approve with supplementary conditions, or disapprove the request for variance. The Board of Zoning Appeals shall only approve a variance or modification thereof if the following findings are made:
A. That said area variance will not be contrary to the public interest.
B. That said area variance is justified due to special conditions.
C. That the literal enforcement of the Zoning Ordinance will result in practical difficulties. The factors to be considered and weighed in determining whether practical difficulties have been encountered shall include, but not be limited to the following:
1. Whether there can be any beneficial use of the property without the variance;
2. Whether the variance is substantial;
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
4. Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage);
5. Whether the property owner purchased the property with knowledge of the zoning restriction; and
6. Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
D. That the spirit of the Zoning Ordinance will be observed and substantial justice done if the area variance is granted.
E. That the variance is based on need not convenience or profit.
(4) Use Variance. The Board of Zoning Appeals will not approve a use variance. A change in use requires a rezoning consistent with the amendment procedures outlined in Chapter 1136.
(d) Zoning Permit. A Zoning Permit may be issued for an approved variance.
(e) Building Permit. A building permit may be obtained only for the development in accordance with the approved plot plan.
(Ord. 13-11. Passed 10-24-11.)