The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as provided here, such area variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest provided. Such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property as described below, the literal enforcement of the provisions or requirements of this Zoning Code would result in practical difficulty, so that the spirit of the Zoning Code shall be upheld, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the zoning district applicable to the property.
(a) Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty for an area variance the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the chapter and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and may require a guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
(b) Findings of the Board of Zoning Appeals. No such area variance of the provisions or requirements of this Zoning Code shall be authorized by the Board of Zoning Appeals if the Board of Zoning Appeals finds that any of the following facts and conditions exist:
(1) Area variance:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the variance is substantial;
C. Whether 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;
D. Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage);
E. Whether the property owner purchased the property with knowledge of the zoning restriction;
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
G. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(c) Every variance granted or denied by the Board of Zoning Appeals shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance.
(d) Any variance granted but not acted upon within one year shall be cancelled.
(e) Any party adversely affected by a decision of the Board may appeal to the County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful. The court may affirm, reverse, vacate or modify the decision complained of in the appeal.
(f) The BZA shall fix a reasonable time for the hearing of the variance; give ten days' notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.
(g) The BZA shall decide the variance within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the BZA and the applicant.
(Ord. 17-2013, passed 9-24-2013)