VARIANCES

The Board of Zoning Appeals has the authority to hear and decide applications for variances from the terms of this Official Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Official Zoning Code would result in unnecessary hardship. In exercising its powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this Official Zoning Code, reverse, affirm, or modify the order, requirement, decision, or determination as set forth in the regulations of this Official Zoning Code, and to that end shall have the powers of the administrative official from whom the appeal is taken.

General Standards for Variances

In granting a variance, the Board of Zoning Appeals shall ascertain that the following criteria are, met:

1. The particular physical surroundings, shape, or topographic conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Official Zoning Code were carried out;

2. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district;

3. The variance will not authorize in a zoning district activities other than those permitted by this Official Zoning Code;

4. Financial returns only shall not be considered as a basis for granting a variance;

5. The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this Official Zoning Code;

6. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Official Zoning Code to other lands, structures, or buildings in the same district;

7. That variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

8. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which property is located; and

9. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area.

Non-Conformity Does Not Constitute Grounds for Granting a Variance

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

Prohibition of Use Variances

Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permissible under the terms of this Official Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of this Official Zoning Code in said district.

Conditions and Restrictions

The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in this Official Zoning Code to reduce or minimize the injurious effect to such variation upon surrounding property and better carry out the general intent of this Official Zoning Code. Violations of such conditions and restrictions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Official Zoning Code.

Time Limit Prescribed

The Board of Zoning Appeals shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both, however, in no case shall more than one (1) year pass before the action is begun. Failure to begin or complete, or both, such action within the prescribed time limit shall void the variance.

 Variance Appeals

Any person or agency aggrieved by a decision of the Board of Zoning Appeals on a variance may appeal by certiorari to a court of competent jurisdiction. The judgment and findings of the Board on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.