Champlain City Zoning Code
ARTICLE IX
Variances and Appeals
§ 130-60 Board of Appeals.
The Town of Champlain Zoning Board of Appeals (ZBA) shall have the following powers and duties:
A.
To review and approve requests/applications for special use permits in accordance with the standards and procedures set forth in this chapter;
B.
To review and approve requests for use and area variances;
C.
To hear appeals from a decision of the Zoning Enforcement Officer;
D.
To decide any question involving the interpretation of a provision and/or definition contained in this chapter.
§ 130-61 Application.
The property owner(s) or his agent(s) may initiate a request for a variance by filing an application with the Zoning Board of Appeals, using forms supplied by the Zoning Board of Appeals. The applicant shall include a copy of the Tax Map which shows the property; a map drawn to scale showing the property, and plans and elevations necessary to show the proposed variance; and other drawings or information as determined by the Zoning Board of Appeals.
§ 130-62 Variance policy.
§ 130-63 Requirements for area variances.
A.
Area variances may be granted where the dimensional or physical requirements of this chapter cannot be reasonably met, including but not limited to minimum lot size, minimum lot width, minimum road frontage, minimum side and rear yards, minimum open space, maximum lot coverage by buildings, maximum height of buildings, size or height of signs, and screening requirements.
B.
In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Board shall also consider:
(1)
Whether an undesirable change in the character of the neighborhood will be produced or a detriment to nearby properties will be created by the granting of the area variance.
(2)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(3)
Whether the requested variance is substantial.
(4)
Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood.
(5)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
C.
Any area variance granted shall be the minimum necessary for the applicant to make reasonable use of the property.
§ 130-64 Requirements for use variances.
A.
A use variance may be granted to allow land to be used for a purpose which is otherwise not permitted by this chapter.
B.
No such use variance shall be granted by the Board of Appeals without showing by the applicant that the zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals all of the following:
(1)
For each and every permitted use or special permitted use within the zone where the property is located, the applicant cannot realize a reasonable return, provided that lack of return is substantial and is established by competent financial evidence.
(2)
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
(3)
That the requested use variance, if granted, will not alter the essential character of the neighborhood.
(4)
That the alleged hardship has not been self-created.
C.
Any use variance granted shall be the minimum necessary to address the unnecessary hardship proven by the applicant.
§ 130-65 Approval of variances with conditions.
In the granting of variances, the Board of Appeals shall have the authority to impose such reasonable conditions as are related to the use of the property, and/or the period of time the variance shall be in effect. Such conditions shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
§ 130-66 Time of appeal.
Any appeal from a decision of the Zoning Enforcement Officer shall be made within 60 days after the Zoning Enforcement Officer makes and files said decision.
§ 130-67 Stay upon appeal.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer certifies to the Board of Appeals that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings may not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record.
§ 130-68 Review and approval procedure.
A.
Upon receipt of a complete application, the ZBA shall:
(1)
Schedule a public hearing within 62 days and provide notice of such hearing by publication in a newspaper of general circulation in the Town at least five days prior to the date thereof.
B.
The Board of Appeals shall conduct a public hearing on the matter.
C.
Within 45 days of the final public hearing, the ZBA shall render a decision. Said time period may be extended by mutual consent of the applicant and the Board.
D.
All decisions shall be in writing and shall be filed with the Town Clerk within five business days of the decision, and a copy thereof shall be provided to the applicant.
§ 130-68.1 Reimbursable expenses.
Costs incurred by the Zoning Board of Appeals for consultation fees, staff review costs, or other expenses in connection with the review of area or use variance applications and plans may be charged to the applicant.