Where a variance is desired or required by this Zoning Code, a variance may be granted from the strict application of any provisions of this Zoning Code related to area, distance, dimensions or location. A variance is not an appeal from a decision of the Administrator but is intended to provide relief from strict application or literal enforcement of the requirements of this Zoning Code. No variance from any provision of this Zoning Code related to density, or use shall be permitted.
(a) Hearing and Decision. The Board shall review the application in a public hearing, and shall approve, approve with modifications, or deny an application. The decision of the Board shall be final upon the date of the mailing of its written decision to the applicant, which shall include written findings of fact and conclusions of law.
(b) Approval. The Board shall not grant a variance unless it finds that all the following conditions apply:
(1) There are special circumstances or conditions applying to the land, building or use referred to in the application and the literal enforcement of the Zoning Code would cause the applicant to suffer practical difficulties;
(2) The granting of the variance is necessary for the preservation and enjoyment of substantial property rights; and
(3) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
(c) Practical Difficulties. In determining whether the literal enforcement of the Zoning Code will result in practical difficulties, Board shall consider and weigh all of the following factors to determine whether (an applicant need not satisfy all of the factors and no single factor shall be determinative):
(1) The property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
(2) The variance is substantial;
A. 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;
B. The variance would adversely affect the delivery of government services (i.e., water, sewer, garbage);
C. The property owner purchased the property with knowledge of the zoning restriction;
D. The property owner’s predicament feasibly can be obviated through some method other than a variance;
E. The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance; and
F. There are any other relevant factors that may assist the Board in weighing and balancing the public and private benefits and harms to determine if the requested relief is necessary.
(d) Approval with Modification. In granting a variance, the Board may impose such modifications, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to comply with the standards set forth above to reduce or minimize potential injurious effects of such variance upon neighboring properties, and to carry out the general purpose and intent of this Zoning Code. Such modifications, safeguards and restrictions may be in the form of approval of a lesser variance for the projection, height or size of an existing or new building, structure, facility or sign than requested by the applicant, however, may not result in a use variance.
(e) Expiration. Variances shall expire one year from the date of issuance, unless within such one-year period, the applicant is issued a building permit, site plan permit, or other permit as appropriate in accordance with the granted variance or an extension of time has been granted by the Board. There shall be no modification of variances except by further action of the Board. Once the time limit pursuant to this subsection has expired, a request for a variance shall require a new application for a variance.
(Ord. A-3075. Passed 1-24-22.)