The Board of Zoning Appeals, as herein created, is a body of limited powers.
(A) Appeals. The Board shall hear and determine all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of this chapter. The Board shall also hear and determine all appeals from the refusal of the Zoning Inspector or Planning Commission, because of anything contained in this chapter, to issue zoning certificates, conditional zoning certificates or grant site plan approval.
(B) Variances. The Board may authorize and approve variances to the requirements of this zoning ordinance, subject to the limitations specified in § 154.563, in specific cases when it determines that such variances are necessary to alleviate practical difficulties that are created by the unique physical conditions of the property and the variances will be consistent with the purpose and intent of these regulations. The burden of proof is upon the applicant to demonstrate that the practical difficulties can only be relieved by the grant of a variance. Removing limitations on the financial gain of a property or reducing site development expenses in and of themselves do not constitute practical difficulties.
(C) Conditions necessary for granting a variance. In determining whether a variance should be granted, the Board’s decisions shall be guided by the following factors:
(1) Special conditions or unusual circumstances exist, which create practical difficulties in complying with the standard zoning requirements. The special conditions or unusual circumstances are peculiar to the land, building or other structures involved and are not generally applicable to other lands, structures, or buildings in the same district.
(2) The literal interpretation and enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by similar property owners in the same zoning district.
(3) The special conditions and unusual circumstances leading to the practical difficulties were not created by actions of the applicant.
(4) Granting the variance will not adversely impact the delivery of public services.
(5) Granting the variance will be consistent and harmonious with the general purpose and intent of the zoning code; and will not alter the essential character of the land; will not have a substantially adverse impact on neighboring properties; or otherwise be detrimental to the public welfare.
(6) The zoning code, as applied to the applicant’s property, is inequitable and creates a practical difficulty that cannot be reasonably alleviated by other means and the variance is the minimum required to relieve the practical difficulty and make possible the reasonable use of the land, building or structure.
(D) Conditions and safeguards. In granting any variance the Board of Zoning Appeals may prescribe appropriate conditions and safeguards reasonably necessary for the protection of the health, safety, and welfare of the citizens of the city.
(E) Violation of conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and subject to the penalties prescribed in § 154.999.
(F) Board of Zoning Appeals findings. Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each such resolution shall be filed in the office of the Board by case number under one or another of the following headings: interpretation; certificate; conditional certificate, or variances, together with all documents pertaining thereto. In the event that the Board will find it necessary to draw upon any planning, legal, engineering or any other expert testimony, the Board may charge a reasonable fee to the applicant in order to cover all expenses of such expert testimony.
(Ord. 16-167, passed 2-7-17)