Beverly Hills City Zoning Code

The provisions of this chapter shall be administered by the Building Official or such other official designated by the Village Manager. The Building Official shall have the power to:

(1)

Grant certificates of occupancy.

(2)

Make inspections of buildings and premises necessary to carry out the duties of the enforcement of this chapter.

(3)

Issue building permits.

(Prior Code, § 22.36.010)

(a)

No building or structure within the Village shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started to erect, move, repair, or raze until a building permit shall have been obtained from the Building Official, nor shall any use be added to an existing use, nor shall any change be made in the use of any building or land without a building permit having been obtained from the Building Official, except that no building permit shall be required for nonstructural alterations costing less than $500.00. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this chapter and all amendments hereto. Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The Building Official may reinstate a building permit that has become void for failure to commence construction without payment of further fees at his discretion as long as site plan approval, if required, has not expired. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the Building Official in advance of issuance. The amount of such fees shall be established by resolution of the Village Council.

(b)

The Building Official shall record all nonconforming uses for the purposes of carrying out the provisions of Division 2 of this article.

(c)

The Building Official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.

(d)

The Building Official shall issue appearance tickets for violations pursuant to this chapter.

(e)

The Building Official shall require that all applications for building permits be accompanied by plans and specifications, including a plot plan in duplicate, which shall agree with the site plan approved by the Village Council, when required, under . The plot plan shall be prepared, signed, and sealed by a registered professional civil engineer or a registered professional land surveyor, and shall show the following:

(1)

Legal description of the property and a statement affirming that the property has been surveyed and that the boundary corners of the property have been marked by placing permanent points at each corner of the property.

(2)

North point and scale of not less than one inch equals 100 feet.

(3)

Exact dimensions of the property including bearings and distances as described in the legal description.

(4)

Property relationship of subject property with all abutting property lines.

(5)

Two-foot contours or pegged grade elevations at 50 feet on center for the entire property and for a distance not less than 50 feet outside the entire perimeter of the property.

(6)

The existing finish grade elevations of all existing buildings or structures on or within 50 feet of the property.

(7)

The location of all existing and/or proposed drives and parking areas.

(8)

The location of all existing or proposed underground utilities.

(9)

Proposed finished grade of all buildings, the site itself, and the entire perimeter of the property including property corners.

(10)

The location and widths of all existing and/or proposed rights-of-way and/or easements and all abutting streets and alleys.

(11)

The point, area, ditch, or enclosure to which stormwater is to drain, including discharge of sump pumps.

(12)

The location of the existing and/or proposed buildings on the property shall be clearly shown and shall include the dimensions to front, side, and rear property lines and ties from the proposed building to any adjoining building on or within 50 feet of the proposed building.

(13)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(14)

Prior to pouring concrete for any footings, the builder shall demonstrate to the Building Official that the footing forms are properly located on the lot and that the footing grade is set to the proper elevation, both according to the dimensions and elevations as indicated on the plot plan. One copy of the plans shall be returned to the applicant by the Building Official, after the Building Official shall have marked such copy either as approved or disapproved. The remaining copy shall be retained in the office of the Building Official.

(f)

Upon the completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the Building Official who shall then make final inspection promptly.

(g)

Whenever the building, land and uses thereof as set forth in the application are in conformity with the provisions of this chapter, it shall be the duty of the Building Official to issue within seven working days after the receipt of said application a building permit, and when such permit is refused, to state such refusal in writing with the reasons therefor.

(h)

Whenever the application for a building permit involves an addition or alteration to an existing building or structure, the Building Official may waive the requirements herein of the furnishing of a plot plan when he determines that the public health, safety and welfare will not be adversely affected by doing so.

(Prior Code, § 22.36.020)

No land, building, structure, or part thereof shall be occupied by or for any use for which a building permit is required by this chapter unless and until a Certificate of Occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy pursuant to the Building Code of the Village shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.

(2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure. Such certificate shall not be issued until the following requirements are complied with and are approved by the Building Official:

a.

Prior to the official issuance of a certificate of occupancy, the Building Official shall inspect the site to determine if the grading is in accordance with the approved plot plan. If, in the judgment of the Building Official, there is doubt that such grading is in accordance with the plot plan, the Building Official shall request a grading certificate prepared, signed and sealed by a registered professional civil engineer or a registered professional land surveyor be submitted to the Building Official, in duplicate, attesting to the fact that the site has been constructed and graded in accordance with the plot plan, permanent irons at each lot corner are in evidence, and that the drainage pattern is in accordance with the plot plan as approved at the time of issuance of the building permit.

b.

In lieu of a grading survey, a surety bond, letter of credit, or cash deposit in an amount set by the Building Official may be required to ensure grading and submission of such survey at a later date when a building, land or structure is otherwise suitable for occupancy during that season of the year when weather conditions make finish grading unfeasible. In such case, a temporary certificate of occupancy may be issued and the date for completion of grading shall be indicated on the temporary certificate of occupancy or its related documents.

(3)

Certificates including zoning. Certificate of occupancy as required by the Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute Certificate of Occupancy as required by this chapter.

(4)

Certificates for existing buildings. Certificates of occupancy will be issued for existing buildings, structures, or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or parts thereof, or such use in land are in conformity with the provisions of this chapter.

(5)

Temporary certificates. Nothing in this chapter shall prevent the Building Official from the issuing of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months nor more than five days after the completion of the entire building, to a state ready for occupancy, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter.

(6)

Records of certificates. A record of all certificates issued shall be kept on file in the office of the Building Official, and copies shall be furnished upon request to any person.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(8)

Application for certificates. Application for certificates of occupancy shall be made in writing to the Building Official on forms furnished by the Department, and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.

(Prior Code, § 22.36.030)

(a)

Procedure. The Village Council may amend, supplement, modify or change this chapter upon recommendation by Planning Commission, provided that a public hearing shall be held before any such amendment, supplement, modification or change shall be passed. Notice of such public hearing shall be given in conformance with the requirements of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) and any other applicable laws.

(b)

Submittal requirements. In the case of an amendment to the Village Zoning Map, the following information shall accompany the application form:

(1)

A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

(2)

The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, and proof of consent from the property owner.

(3)

The existing and proposed zoning district designation of the subject property.

(4)

A site analysis site plan or current aerial photograph illustrating existing conditions on the site and adjacent properties such as woodlands, wetlands, soil conditions, steep slopes, drainage patterns, views, existing buildings, adjacent land uses, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

(5)

A written environmental assessment describing site features and anticipated impacts created by the host of uses permitted in the requested zoning district.

(6)

A traffic impact study shall be provided if any use permitted in the requested zoning district could generate 100 or more peak hour directional trips, or 1,000 or more vehicle trips per day. The traffic study should contrast the daily and peak hour trip generation rates for representative use in the current and requested zoning district. The determination of representative uses shall be made by the Planning Commission with input from Village staff and consultants.

(7)

A conceptual plan at a scale not less than one inch equals 100 feet, demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, lot coverage, building spacing, parking, loading, drainage, general landscaping, access spacing, and other site design factors; while the anticipated use can be shown, an illustration of the maximum development permitted under the requested zoning shall also be provided.

(8)

A written description of how the requested rezoning meets Subsection (c) of this section.

(c)

Amendments on file. All amendments to this chapter shall be on file in the Village Clerk's office. The chapter effecting any amendment to the zoning map shall include the written description of the property that has been zoned or rezoned.

(d)

Criteria for amendment to the Village Zoning Map. In considering any proposed amendment to this chapter and/or the official zoning map, the Planning Commission and Village Council shall consider the following criteria in making its findings, recommendations and decision:

(1)

The proposed amendment shall be consistent with the goals, policies, and future land use map of the Master Plan.

(2)

The proposed amendment shall be in accordance with the intent and purpose of this chapter.

(3)

The proposed amendment shall comply with all requirements of the zoning classification.

(4)

The Planning Commission and Village Council may consider how the proposed zoning may be consistent with the trends in land development in the general vicinity of the property in question.

(5)

The proposed zoning is consistent with or provides a beneficial transition to the zoning classification of surrounding land.

(6)

The proposed zoning is compatible with the site's physical, geological, hydrological and other environmental features, and with the uses permitted in the proposed zoning district.

(7)

All the potential uses allowed in the proposed zoning district are compatible with surrounding uses and zoning in terms of environmental impacts, density, nature of use, traffic impacts, and infrastructure.

(8)

The impact, if any, of the proposed zoning on public health, safety and welfare on the capacity of public utilities and services to accommodate the uses permitted in the proposed zoning district.

(e)

Zoning agreements for conditional rezoning.

(1)

An applicant for a rezoning may voluntarily offer a zoning agreement as a condition for rezoning. An election to file a conditional rezoning with a zoning agreement shall be pursuant to the Michigan Zoning Enabling Act (Public Act No. 110 of 2006) (MCL 125.3101 et seq.) and this chapter. The conditions set forth in the zoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district. The zoning agreement shall be a written agreement that is approved and executed by the applicant and the Village and recorded with the County Register of Deeds. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan. This plan shall not replace the requirement for a site plan as outlined in . The zoning agreement must be voluntarily offered by the applicant and the Village shall not have the authority to require modification to a zoning agreement without the consent of the petitioner, provided the Village shall not enter into a zoning agreement that is not found acceptable to the Village Council.

(2)

The zoning agreement may include limitations on the uses permitted on the property in question, specification of lower density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features. The zoning agreement may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may a zoning agreement permit variances from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district. The zoning agreement may include conditions related to the use and development of the property that are necessary to:

a.

Serve the intended use of the property, such as improvements, extension, widening, or realignment of streets, utilities, storm drains, or other infrastructure serving the site;

b.

Minimize the impact of the development on surrounding properties, such as landscape screening above and beyond minimum requirements or design elements to create transition to adjoining uses; and

c.

Preserve natural features, historic resources, and open space.

(3)

In addition to any limitations on use or development of the site, preservation of site features or improvements described in this subsection, the zoning agreement shall also include the following:

a.

Acknowledgement that the zoning agreement was proposed voluntarily by the applicant and that the Village relied upon the agreement and may not grant the rezoning but for the conditions offered in the zoning agreement.

b.

Acknowledgement that the zoning agreement and its terms and conditions are authorized by all applicable State and Federal law and constitution, and that the zoning agreement is valid and was entered into on a voluntary basis.

c.

Agreement and understanding that the property shall only be developed and used in a manner that is consistent with the zoning agreement.

d.

Agreement and understanding that the rezoning is conditioned upon obtaining site plan approval under , or subdivision approval under and obtaining other necessary approvals required by the Village and all applicable County and State agencies.

e.

Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise not be permitted in the new zoning district.

f.

Agreement and understanding that the approval of the conditional rezoning and the zoning agreement shall be binding upon and inure to the benefit of the property owner and the Village, and also their respective heirs, successors, assigns, receivers or transferees.

g.

Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and the land shall revert back to its original zoning classification.

h.

A legal description of the land to which the agreement pertains.

i.

Any other provisions as are agreed upon by the parties.

(4)

Any use proposed as part of a zoning agreement that would otherwise require site plan approval or special land use approval shall be subject to the applicable review and approval requirements of and .

(5)

Nothing in the zoning agreement, or any statement or other provision, shall prohibit the Village from later rezoning all or any portion of the land that is the subject of the zoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act (Public Act No. 110 of 2006 (MCL 125.3101 et seq.)).

(6)

Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this chapter, and further use of the property may be subject to legal remedies available to the Village.

(Prior Code, § 22.40; Ord. No. 377, 1-21-2020; Ord. No. 389A, 2-4-2025)

(a)

It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.

(b)

It is recognized that there may exist within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before the ordinance from which this chapter is derived was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.

(c)

Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(d)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance from which this chapter is derived by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

(e)

Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.

(Prior Code, § 22.30.010)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Zoning Board of Appeals.

(b)

Notwithstanding the foregoing, when two or more of such nonconforming lots or any combinations of such nonconforming lots and/or portions of lots which are nonconforming are contiguous and owned by the same person at the time of passage or amendment of the ordinance from which this chapter was derived, said combination of lots or portions thereof shall be considered a single, individual lot for the purposes of this chapter, and no portions of said lot shall be used, occupied, divided or sold in any manner which would diminish compliance with the regulations of this chapter or which would leave remaining any lots that do not comply with the minimum lot width, minimum area of any other requirements of this chapter.

(Prior Code, § 22.30.020; Ord. No. 243, 12-17-1989)

Where, on the effective date of the ordinance from which this chapter is derived, or the effective date of an amendment of the ordinance from which this chapter is derived, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Prior Code, § 22.30.030)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, open space or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered unless the proposed enlargement or alteration conforms to the provisions of this chapter.

(2)

Should such structure be destroyed by any means to an extent of more than 60 percent of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is relocated after it is moved.

(Prior Code, § 22.30.040; Ord. No. 356, 11-28-2015)

If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived, that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to both and .

(Prior Code, § 22.30.050)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this chapter is derived shall not be increased.

(Prior Code, § 22.30.060)

Any use which is permitted by a special approval, as provided in this chapter, or variance, or court of competent jurisdiction, shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.

(Prior Code, § 22.30.070)

Whenever in the opinion of the Village Council an area will be improved by the removal of a nonconforming use, the Village Council may by resolution determine to cause such removal by purchase or condemnation or otherwise proceed in accordance with the Village Charter or laws and statutes of the State, and may pay the cost and expense thereof by special assessment against the area especially benefitted in accordance with any Special Assessment Ordinance of the Village which may be applicable.

(Prior Code, § 22.30.080)

(a)

There shall be established and appointed by the Village Council, in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, a Zoning Board of Appeals consisting of nine members, each to be appointed for a term of three years. One member of the Zoning Board of Appeals may also be a member of the Village Planning Commission.

(b)

One regular or alternate member of the Zoning Board of Appeals may also be a member of the Village Council. Such a member shall not serve as chairperson of the Zoning Board of Appeals. An employee or contractor of the legislative body may not serve as a member of the Zoning Board of Appeals.

(c)

A member of the Zoning Board of Appeals who is also a member of the Village Planning Commission or Village Council shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the Planning Commission or the Village Council. However, the member may consider and vote on other unrelated matters involving the same property.

(d)

The Village Council may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest or due to the fact that the regular member already voted on the same matter as a member of the Planning Commission or Village Council. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals, while serving.

(Prior Code, § 22.38.010; Ord. No. 332, 7-1-2009)

Meetings of the Board of Appeals shall be held at the call of the Chairperson, and at such other times as the Board may determine. Such Chairperson, or in the Chairperson's absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals shall adopt rules and procedures and shall keep records of applications and the action thereon, which shall be a public record. The fees to be charged for appeals shall be set by resolution of the Village Council.

(Prior Code, § 22.38.020)

An appeal to the Zoning Board of Appeals based in whole or in part on the provisions of this chapter may be taken by any person, firm or corporation aggrieved, or by any governmental officer, department, board or bureau affected by any decision of the Building Official. Such appeal shall be taken by filing a notice of appeal with the Zoning Board of Appeals on appropriate forms provided by the Building Official, payment of the required fee, and shall specify the grounds for such appeal. The Building Official shall transmit all papers constituting the record of such appeal to the Zoning Board of Appeals. Upon a hearing before the Zoning Board of Appeals, any person or party may appear in person, or by agent, or by attorney. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give a minimum of 15 days' notice thereof to the parties, including all owners of record of property within 300 feet of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the addresses given in the last assessment roll, and shall decide the same within a reasonable time. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which the Board is required to pass under an ordinance, or to effect a variation in an ordinance except that a concurring vote of two-thirds of the members of the Board shall be necessary to grant a variance from uses of land permitted in an ordinance. The Village Council may authorize payment, not to exceed $5.00 per member, for attendance at regular meetings of such Board.

(Prior Code, § 22.38.030; Ord. No. 264, 6-27-1993; Ord. No. 389A, 2-4-2025)

(a)

The Zoning Board of Appeals is authorized in those cases where, owing to special conditions, a literal enforcement of the provision hereof results in unnecessary hardship and practical difficulty, to approve issuance of a permit containing such variations of the terms hereof or such special requirements or conditions as the Board may impose. The Zoning Board of Appeals shall have the power to allow variances as will remove existing hardships and practical difficulties, and which are not contrary to the public interest, nor inconsistent with the spirit and intent of this chapter, and not injurious to the surrounding neighborhood or that will imperil public safety. The decision of the Zoning Board of Appeals shall, in absence of any showing of mistake, fraud, misrepresentation or undue influence, be final insofar as the same involves discretion or the finding of facts.

(b)

The Zoning Board of Appeals shall not have the power to change the zone district classification of any property, nor to make any change in the term of this chapter, but to act on these matters where this chapter provides for an administrative review, interpretation, and to authorize a variance as defined in this section and the law of the State. Said powers include:

(1)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Building Official or any other administrative official in carrying out or enforcing any provisions of this chapter.

(2)

Interpretation of zoning map. To hear and decide in accordance with the provisions of this chapter requests for interpretation of the Zoning Map, and for the decisions on other special questions on which this chapter specifically authorized the Zoning Board of Appeals to pass. Any interpretation shall be subject to such conditions as the Zoning Board of Appeals may require to preserve and promote the character of the zone districts in question and otherwise promote the purpose of this chapter.

(3)

Variance. To authorize, upon an appeal, a variance from the district applications of the provisions of this chapter, where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property on August 31, 1959, or by reason of exceptional topographic conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional or undue hardship 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 chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this chapter. A variance shall become null and void if the grantee has not secured a building permit to construct under the variance before one year from the date the variance was granted by the Board.

(4)

Public service or public utility building variance. The Zoning Board of Appeals shall have the power to permit the erection and use of a building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any zone district to a greater height or larger area than the zone district requirements herein established, and permit the location in any residential zone district of a noncommercial public utility building or use if the Board shall find such use, building or structure reasonably necessary for public convenience and service, and provided such building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such residential zone district.

(Prior Code, § 22.38.040)