Inlet Town City Zoning Code
ARTICLE X
Appeals to the Zoning Board of Appeals
§ 160-83 Application for variance.
An applicant may initiate a request for a variance by filing an application with the Zoning Board of Appeals using forms supplied by the Board. The applicant shall include a copy of the Tax Map which shows the property; a map drawn to scale showing existing features and the planned variance; and other drawings or information the Zoning Board of Appeals deems necessary.
§ 160-84 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 highway frontage, minimum building setbacks, maximum height of buildings, and maximum size or height of signs.
B.
In making its determination the Zoning Board of Appeals 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 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.
§ 160-85 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 Zoning Board of Appeals without a 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 Zoning Board of Appeals each of the following:
(1)
For each and every permitted use within the zoning district 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.
§ 160-86 Grant of variance with conditions.
In granting any variance the Zoning Board of Appeals shall have authority to impose such reasonable conditions as are related to the use of the property for the purpose of avoiding or minimizing any adverse impact the exercise of such variance may have on the neighborhood, community, or environment.
§ 160-87 Appeals of decision by Codes and Zoning Enforcement Officer (CZEO).
A.
Any appeal from a decision of the CZEO pursuant to this chapter shall be made within 60 days after the CZEO files said decision.
B.
An appeal may be made by any person aggrieved by the decision, or by an officer, department, board or bureau of the Town.
C.
An appeal shall stay all proceedings in furtherance of the action appealed unless the CZEO certifies to the Zoning Board of Appeals that by reason in 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 Zoning Board of Appeals or by a court of record.
§ 160-88 Review and approval procedure.
Upon receipt of a complete application the Zoning Board of Appeals shall take the following actions:
A.
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 10 days prior to the date thereof.
B.
Conduct a public hearing on the matter as scheduled.
C.
Within 62 days of the close of the public hearing, the Zoning Board of Appeals 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, shall be filed with the Town Clerk within five business days of the decision, and a copy thereof shall be provided to the applicant.