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Variance

707.02          Variance Appeals
 

The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Resolution would result in unnecessary hardship.

 

707.03         Application for Variance
 
The appellant for a variance shall submit a notice of appeal requesting variance in writing on forms provided by the Zoning Inspector.  Such notice shall include the following:
 
(a)     Name, address, and telephone number of the applicant(s);
 
(b)     Legal description of the property;

In addition please provide Twelve (12) complete sets/copies of the following with each copy in a separate manila envelope.

(c)     Description of the nature of variance requested and a statement demonstrating the extent to which the requested variance conforms to the standards for variance in this Resolution;
 
(d)    Statement of the hardship; 
 
(e)     A fee as established by this Resolution;
 

(f)     Such other information and exhibits as may be appropriate to establish the facts of the appeal and the grounds for relief.

 

707.04         Public Hearing by the Board of Zoning Appeals
 

The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after receipt from the Zoning Administrator or an applicant of a notice of appeal requesting variance.

 

Notice of such hearing shall be given in one or more newspapers of general circulation in the Township at least ten (10) days before the date of said hearing.  Written notice of such hearing shall be mailed by the Board, by first class mail, at least ten (10) days before the date of the hearing to all parties in interest.  Notices shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

 

707.05         Action by Board of Zoning Appeals
 

Within thirty (30) days after the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.

 

707.06         Standards for Variance
 
Except as otherwise provided in this Resolution, no variance in the strict application of the provisions of this Resolution shall be granted by the Board of Zoning Appeals unless the Board makes specific findings of fact, based directly on the particular evidence presented to it, which supports conclusions that the variance conforms to the following standards:
 
(a)     The variance is in accord with the general purpose and intent of the regulations imposed by this Resolution on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.
 
(b)     The variance will not permit the establishment of any use which is not otherwise permitted in the district.
 
(c)     There exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and which do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Resolution would deprive the applicant of the reasonable use of such land or buildings.  Mere loss in value is not the justification for the variance; there is deprivation of beneficial use of the land.
 
(d)    There is proof of hardship created by the strict application of this Resolution, beyond simply a showing that greater profit will result if the variance is granted.  Economic hardship is not grounds for the variance.  Furthermore, the hardship complained of is not self-created nor is it established on this basis by one who purchased with or without knowledge of the restrictions; it results from the application of this Resolution; it is suffered directly by the property in question.
 
(e)     The variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
 
(f)     The 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 of the adjacent area.
 
(g)     The variance will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
 
(h)     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 are considered as grounds for issuance of the variance.
 

(i)      The variance is not a matter of convenience when other remedies are available within the provisions of this Resolution.

  

707.07         Use Variance Prohibited
 
The Board of Zoning Appeals shall not grant a variance to permit a use which is either:
 
                   (a)     Not otherwise listed as a permitted use or a conditional use in the subject district, or
(b)     any use expressly or by implication prohibited by this Resolution.
 

707.08         Additional Conditions and Safeguards

 

The Board may prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the provisions to which the variance applies will be met.  Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Resolution.

 

The Board may prescribe a reasonable time limit within which the action for which the variance is required shall begin or be completed.

 

707.09         Terms of Variance
 

No action of the Board of Zoning Appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such action unless the zoning certificate is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period.