Bellville City Zoning Code
ARTICLE 14
05 STANDARDS AND PROCEDURES FOR GRANTING VARIANCES AND SPECIAL EXCEPTIONS
§ 14.05.001 Authority.
The board of adjustment shall have the authority to grant relief in the form of variances and special exceptions to the provisions of this zoning ordinance, subject to the standards and procedures as established herein.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.002 Purpose of variances and special exceptions.
The purpose of this [article] is to establish procedures and standards for relief where owing to special conditions, the literal enforcement of the regulations of this chapter will result in unnecessary hardship, provided that the grant of such relief will not be contrary to the public interest and provided further that the spirit and intent of this chapter will be preserved by the relief granted under the terms and conditions herein provided.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.003 Eligible applicants.
To apply for a variance or special exception under the provisions of this chapter, the applicant must be an owner of the property to be affected by the variance or must have a contractual interest in the property to be affected by the variance or special exception.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.004 Application.
The application for a variance or special exception shall be filed with the city secretary according to rules of procedure adopted from time to time by the board of adjustment and shall be accompanied by a nonrefundable fee as prescribed in such rules of procedure to defray administrative costs.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.005 Action of the board.
The board of adjustment shall fix a reasonable time for the hearing on a requested variance or special exception pursuant to the procedures set out in this chapter.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.031 Limitations.
The board of adjustment shall have the authority to grant variances in accordance with the standards and procedures provided herein, from any and all technical requirements of this chapter, but may not grant variances to use requirements or procedural requirements or for procedural requirements for hearing or notice, provided that:
(1)
Such modifications are necessary to accommodate appropriate development of a particular parcel of land that is restricted by attributes inherent in the land such as area, shape or slope to the extent that it cannot otherwise be appropriately developed.
(2)
The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and wellbeing of the neighborhood in which the subject property is located.
(3)
The literal enforcement of this chapter would work on unnecessary hardship.
(4)
The piece of property is unique and contains properties or attributes not common to other similarly situated properties.
(5)
The need for the variance was not created by the applicant.
(6)
The hardship to be suffered through the literal enforcement of this chapter would not be financial alone.
(7)
The granting of the variance would not be injurious to the public health, safety and welfare or defeat the intent of the philosophy contained in this chapter.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.032 Conditions.
The board of adjustment may establish conditions in the written order granting a variance to safeguard the character of the area and to protect adjacent property owners.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.033 Prohibitions.
The board of adjustment shall not consider or grant use variances.
(Ordinance 1691 adopted 5/22/2023)
§ 14.05.061 Limitations.
(a)
Authority.
The board of adjustment shall have the authority to grant special exceptions in accordance with the procedures and standards herein provided to permit:
(1)
The reconstruction of a nonconforming structure, if said structure is totally or partially damaged or destroyed, provided that said permit is applied for within six (6) months from the date of damage. If a permit has not been automatically issued within six (6) months from the date of damage, the board of adjustment may grant a permit for repair or replacement to the previous building parameters after a public hearing and having due regard for the property right of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming structure and the purposes of this chapter.
(2)
The extension or enlargement of a nonconforming structure, provided that the structure or portion thereof being extended or enlarged is not for the purpose of a nonconforming use.
(3)
To deviate yard requirements in the following circumstances:
(A)
An exception from the front yard requirements where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall for any building hereinafter constructed be the required minimum front yard set back.
(B)
An exception from the rear yard requirements where the actual rear yard setback of any four (4) or more lots in the same block do not meet the applicable rear yard requirements of these regulations.
(C)
The board of adjustment shall be empowered to grant special exceptions allowing a waiver or reduction of up to ten (10) percent in any required yard where it is shown that the encroachment into the required yard occurred unintentionally during the construction of the building and the encroachment was inadvertent and not a part of a deliberate plan to violate the terms and conditions of this chapter.
(4)
To waive or reduce off-street parking and loading requirements when the board finds that the same are unnecessary for the proposed use of the building or structure for which the special exception request applies.
(5)
To permit any nonconformity which is nonconforming solely because of inability to comply with regulations governing screening or landscaping, subject to conditions which may be imposed by the board.
(Ordinance 1691 adopted 5/22/2023)