Appeals and variances shall conform to the procedures and requirements of §§ 1402 through 1409, inclusive, of this code. As specified in § 1511, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.

(Res. 669-94-72, § 1401, effective 4-5-1995)

   Appeals to the Board of Zoning Appeals concerning interpretation or administration of this code may be taken by any person aggrieved or by any officer of the legislative authority of the county affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Enforcement Office and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Enforcement Officer shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

(Res. 669-94-72, § 1402, effective 4-5-1995)

   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Enforcement Office from whom the appeal is taken on due cause shown.

(Res. 669-94-72, § 1403, effective 4-5-1995)

   A.   Variances from the regulations of this code shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the standards and conditions impose in § 1404.01 above have been met by the applicant. Variances may be granted as guided by the following:

      1.   To permit any yard or setback less than the yard or setback required by the applicable regulations;

      2.   To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but generally the respective area and width of the lot or lots should not be less than eighty (80) percent of the required area and width;

      3.   To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

      4.   To reduce the applicable off-street parking or loading facilities required by generally not more than one (1) parking space or loading space, or twenty five (25) percent of the required facilities, whichever number is greater;

      5.   To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;

      6.   To increase the maximum distance that required parking spaces are permitted to be located from the use served but generally not more than forty (40) percent;

      7.   To increase the maximum allowable size or area of signs on a lot but generally by no more than twenty five (25) percent;

      8.   To increase the maximum gross floor area of any use so limited by the applicable regulations but generally not more than twenty (25) percent; and

      9.   To modify the supplemental yard and height regulations found in § 817.

   B.   No order 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 order unless the building permit or zoning approval is obtained with such period and the erection or alteration of a building is started or the use is commenced within such period.

(Res. 669-94-72, § 1405, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013; Res. 57-18-182, effective 1-5-2018)

   Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this code in the district involved, or any use expressly or by implication prohibited by the terms of this code in said district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the resolution. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this code and punishable under § 511 of this code.

(Res. 669-94-72, § 1406, effective 4-5-1995)

   The Board of Zoning Appeals shall hold a public hearing within forty (40) days after the receipt of an application for an appeal or variance from the Zoning Enforcement Officer or an applicant.

(Res. 669-94-72, § 1407, effective 4-5-1995)

   Before holding the public hearing required in § 1407, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the county at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

(Res. 669-94-72, § 1408, effective 4-5-1995)

   Before handling the public hearing required in § 1407, written notice of such hearing shall be mailed by the Zoning Administrator, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required by notices published in newspapers as specified in § 1408.

(Res. 669-94-72, § 1409, effective 4-5-1995)

   Within thirty (30) days after the public hearing required in § 1407, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in § 1406 or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. Appeals from the Board decision shall be made in the manner specified in § 1512.

(Res. 669-94-72, § 1410, effective 4-5-1995; Res. 80-13-159, effective 7-5-2013)

   The Board of Zoning Appeals shall not vary the regulations of this code, as authorized in § 1404, unless and until a written application for a variance is submitted to the Zoning Enforcement Officer and the Board of Zoning Appeals containing:

   A.   Name, address, and phone number of applicants;

   B.   Legal description of property;

   C.   Description of nature of variance requested; and

   D.   Narrative statements which demonstrate to the satisfaction of the Board of Zoning Appeals that the variance conforms to the following standards:

      1.   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

      2.   The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

      3.   The purpose of the variance is not based exclusively upon a desire to increase financial gain;

      4.   The alleged difficulty or hardship is caused by this code and has not been created by any persons presently having an interest in the property;

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

      6.   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the damage of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and

      7.   The Board of Zoning Appeals may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this section and the objectives of this code.

(Res. 669-94-72, § 1404.01, effective 4-5-1995; Res. effective - -1995; Res. 80-13-159, effective 7-5-2013)