The Board may authorize, upon appeal in specific cases, variances as per Section 1105.08(b) from the strict terms of this Zoning Ordinance.
A variance may be granted when the Board finds upon the evidence submitted that:
(a) Authorization. The Board of Zoning and Building Appeals may approve area variances only. It does not have authorization to approve use variances.
(b) Standing. Only a property owner or his/her duly authorized representative may file an application for a variance. If more than one person owns a property, all owners must sign the application. When even more than one person owns a property they may authorize one representative to file and process an application on their behalf. (Ord. 1989-51. Passed 8-28-89.)
(c) Application Procedure.
(1) Variance applications must be submitted to the Zoning Inspector at least twenty days prior to the Board meeting.
(Ord. 1998-141. Passed 10-26-98.)
(2) Variance applications must be complete before they will be accepted and processed.
(3) In order to be complete an application must contain all of the following:
A. A completed application form provided by the Zoning Inspector.
B. The application must be signed by all owners of the property.
C. In addition to B. above, the name, address, phone number and signature of the person authorized by the owner(s) to be the representative.
D. The address of the property for which a variance is being sought.
E. An informal site plan drawn to scale showing property lines and the location of all buildings or structures, permitted, conditionally permitted or accessory uses, driveways, streets, utilities, easements, etc. on the property.
F. A statement indicating why the variance is necessary.
G. A statement indicating conditions which are peculiar to the subject property and are not characteristic of nearby properties in the same zoning district thereby creating practical difficulty.
H. The exact nature of the variance being requested.
I. A statement demonstrating the variance requested is the minimum necessary to alleviate the difficulty and will not be detrimental to the public health, safety and welfare.
(4) Factors to be considered by the Board:
A. There are conditions peculiar to the subject property which are not characteristic of other nearby properties in the same zoning district.
B. The peculiar conditions are not the result of actions of the applicant.
C. The peculiar conditions would be encountered by any person who might own the property.
D. The variance has not been requested solely to increase property value or provide some other financial benefit.
E. A literal application of the provisions of this Zoning Ordinance would deprive the applicant of right commonly enjoyed by other properties within the same zoning district.
F. Granting the variance will not permit a use not allowed in the zoning district.
G. Granting the variance will not be detrimental to the public health, safety and welfare of contiguous properties or the community as a whole.
H. The variance is the minimum necessary to alleviate the difficulty.
(Ord. 1989-51. Passed 8-28-89.)