(A) Authority. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this chapter in harmony with its general purpose and intent only in the specific instances hereinafter set forth and only in accordance with the standards hereinafter prescribed.
(B) Initiation of variance. Variances may be requested by any person, firm, corporation, or government.
(C) Application for variance. An application for a variance shall be filed in writing with the Administrative Officer. Said application shall contain such information as the Zoning Board of Appeals may by rule require.
(D) Hearing on application. The Zoning Board of Appeals shall hold a public hearing on each application for a variance at such time and place as shall be established by the Zoning Board of Appeals. A record of such proceedings shall be preserved in such a manner as the Zoning Board of Appeals shall by rule prescribe from time to time.
(E) Notice of hearing. Notice of the time and place of such public hearing shall be published at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper of general circulation in the county. The published notice may be supplemented by such additional forms of notice as the Zoning Board of Appeals by rule may require.
(F) Standards for variances.
(1) The Zoning Board of Appeals shall not vary the regulations of this chapter, as authorized in this section, unless there is evidence presented to it in each specific case that:
(a) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
(b) The conditions, upon which a petition for a variation is based, are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;
(c) The purpose of the variance is not based exclusively upon a desire to make money out of the property;
(d) The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;
(e) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(f) The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(g) The purpose of the variance shall not be to establish a use otherwise excluded from the particular district in which it is requested.
(2) The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this section.
(G) Authorized variances. Variances from the regulations of this chapter shall be granted by the Zoning Board of Appeals only in accordance with the standards established in § 154.023(F) and may be granted only in the following instances and in no others:
(1) To permit any yard or setback line of less dimension than required by the applicable regulations;
(2) To permit any building or structure to exceed the height limitations imposed by the applicable regulations;
(3) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots;
(4) To permit the same off street parking facility to qualify as required facilities for two or more uses provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(5) To reduce the parking and loading requirements in any of the districts whenever the character or use of a building is such as to make unnecessary the full provision of parking or loading facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely being granted for a convenience;
(6) To permit the alteration or enlargement of an existing building or use located on premises
in a district which prohibits that use of land or building, or the height and area of buildings existing at the time of the adoption of this chapter where such alteration or enlargement is a necessary incident to the use of the structure existing at the time of the adoption, amendment, or change of this chapter; and
(7) To permit the reconstruction of a non-conforming building which has been damaged by
explosion, fire, act of God, or the public enemy to the extent of more than 50% of its actual cash value, as determined by the official county tax assessment and equalization rate, where the Board finds some compelling public necessity requiring a continuance of the non- conforming use, and the primary purpose of continuing the non-conforming use is not to continue a monopoly; and
(8) To permit other variances as authorized in § 154.618.
(H) Findings of fact. All decisions by the Zoning Board of Appeals on requests for variances must be supplemented with a written finding of fact stating the conformity or non-conformity, as the case may be, of their decision with the standards set forth in this section.
(I) Granting a variance. The concurring vote of three members of the Zoning Board of Appeals shall be necessary to grant a variance. No decision of the Zoning Board of Appeals granting a variance shall be valid for a period longer than 12 months from the date of such decision the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
(J) Effect of denial of variance. No application for a variance that has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence found to be valid by the Administrative Officer.
(Ord. passed 5-16-2023)