(a) The Board shall hear and determine all appeals from any decision or action of the Chief Building Official in the administration and enforcement of this Zoning Code. The Board shall hear and determine all appeals from the refusal of the Chief Building Official or the Planning and Zoning Commission to issue zoning certificates or conditional use certificates. The Board shall hear and determine all appeals from the Planning and Zoning Commission taken pursuant to Section 1220.07. The Board may decide appeals by reversing or affirming, wholly or in part, or by modifying, such decision, action or refusal.
(b) The Board may, under the proper circumstances, permit variations from the district regulations established by this Zoning Code in such instances as are not specifically prohibited from exception and variation in this Zoning Code. However, such variations shall not involve changing the use of a parcel of land. Permitted variations include lot area, lot size, lot dimensions, lot width, structure height, yard setback requirements and other lot related variations that impair the logical development of a lot under the existing zoning requirements. These variations shall be obtained only by a showing to the Board of the following:
(1) That the effect of this Zoning Code imposes an extreme hardship or practical difficulty to the proponent requesting the variance;
(2) That the spirit of this Zoning Code shall be observed;
(3) That substantial justice shall be done;
(4) That the granting of such variance shall not be contrary to public interest;
(5) That the property will not yield a reasonable return without the variance;
(6) That the property owner’s predicament can not be feasibly obviated without the variance;
(7) That the essential character of the neighborhood will not be substantially altered nor will adjoining properties suffer a substantial detriment as a result of the variance; and
(8) That the variance will not adversely affect the delivery of government services.
(c) In granting a variance, the Board may attach thereto such conditions relating to the location of the proposed structure or use or to the duration of the variance as it may deem necessary in order to further the purposes of this Zoning Code. The Board may require such evidence and guarantee or bond as it may deem necessary to insure that all such conditions so attached are being and will be complied with.
(d) The Board shall have the authority to authorize, through the granting of a variance, a change in this Zoning Code, except as specifically prohibited in this Zoning Code pertaining to particular zoning classifications. The Board shall not have the authority to authorize, through the granting of a variance, a change in the use of any parcel of land. The Board is not empowered to change the zoning classification for any zone district.
(e) In carrying into effect its powers to grant a variance, the Board shall be guided by the following criteria:
(1) In general, the power to authorize a variance from the terms of this Zoning Code shall be sparingly exercised and only under peculiar and exceptional circumstances.
(2) Any variance granted shall be the minimum needed to alleviate the difficulty or hardship involved.
(3) A limitation upon financial gain from the land in use shall not in and of itself constitute a hardship.
(4) Any difficulty or hardship constituting the basis for a variance shall not be self- created.
(5) Mere evidence that a variance was previously granted under similar circumstances shall not be considered sufficient grounds for granting a variance.
(f) The Board, upon granting a variance, shall be bound to make specific findings, based upon the evidence adduced as follows:
(1) That the strict application of this Zoning Code, where such variance is not specifically prohibited by this Zoning Code, would result in extreme hardship to the proponent;
(2) That exceptional and extraordinary circumstances or conditions applying to the property involved are in existence which do not apply generally to other properties or uses in the same zoning district; and
(3) That the granting of such variance will not be of substantial detriment to the public interest or to adjacent property or improvements in such district as the variance is sought, and will not materially impair the purpose and intent of this Zoning Code.
(g) The Board, if confronted with a request for a variance or exception of which it lacks authority to act upon, shall refer such request or application to the Planning and Zoning Commission for review and recommendation to Council.
(Ord. 2001-081. Passed 8-6-01.)