The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(a) To hear and decide appeals from and review any order, requirement, decision, or determination made by the Building Inspector or the Planning Commission under this Zoning Code;
(b) To hear and pass upon the applications for variances from the terms provided in this Zoning Code in the manner prescribed by and subject to the standards established herein;
(c) To hear and decide all matters referred to it or upon which it is required to pass under this Zoning Code;
(d) To authorize, upon an appeal, a non-use (dimensional) variance from any dimensional standard or requirement of this chapter, such as but not limited to, density, height, bulk, setback or parking and landscaping requirements whereby reason of unique physical characteristics a specific piece of property at the time of enactment of this section or other extraordinary or exceptional conditions of such property, the strict application of such regulations if enacted would result in practical difficulties upon the owner of such property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this section. In granting a variance, the Board may attach conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this section. In granting a variance, the Board shall state the grounds upon which it justified the granting of a variance. The Board shall not grant a nonuse variance unless it shall have made a finding of fact based upon the evidence as presented to it in each specific case as specified below:
(1) Practical difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance. Practical difficulties include:
A. The exceptional narrowness, shallowness or shape of a specific property;
B. The exceptional topographic or environmental conditions or manmade constraints or other extraordinary situation on the land, building, or structure; and
C. The use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties.
(2) Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.
(3) Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured.
(4) Not self-created. The problem and resulting need for the variance has not been self-created by the applicant and/or the applicant's immediate predecessor may or may not be considered depending upon whether the practical difficulty would have existed regardless of the action.
(5) No safety hazard or nuisance. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety or create a public nuisance.
(6) Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses and will not alter the essential character of the neighborhood.
In evaluating this criterion, consideration shall be given to the established type and pattern of land uses in the area, the natural characteristics of the site and surrounding area, prevailing shopping patterns, convenience of access for patrons, continuity of development and the need for particular services and facilities in specific areas of the Village.
(7) Minimum variance necessary. The variance requested is the minimum necessary to permit reasonable use of the land.
(8) Use variances shall not be approved in the Village. A use variance shall be defined as any variance which permits a use not specifically permitted by the Zoning Ordinance for the district in which it is located. Any other variance shall be a dimensional variance.
(e) To hear and decide in accordance with the provisions of this section, requests for interpretations of the Zoning Ordinance and Map, as the Board may require to preserve and promote the character of the zoning provision or district in question and otherwise promote the purposes of this section and those of the Village's Master Plan. Decisions of the Planning Commission pertaining to special land uses and planned developments shall be subject to the Zoning Board of Appeals review.
(Ord. 106. Passed 12-9-81; Ord. 106-A48. Passed 11-14-07.)