Littlefield City Zoning Code
ARTICLE 12
ZONING BOARD OF ADJUSTMENT, DUTIES, PROCEDURES AND APPLICATION PROCESS
§ 12.01 Variances.
1.
Purpose.
Variances are deviations from the applicable standards for the zoning district where existing or proposed development is located, that would not be contrary to the public interest and, due to special conditions of the site or its surroundings, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. Variances ensure that the spirit of this Zoning Ordinance is observed and substantial justice done. A variance shall not be granted to allow a use that is not allowed in the specific district in question by the use regulations.
2.
Submission of Application.
A complete application for a variance shall be submitted to the City Manager on a form prescribed by the City Manager, along with the appropriate application fee.
3.
Hearing and Action by Zoning Board of Adjustment.
After due notice, the Zoning Board of Adjustment shall hold a public hearing on an application for a Variance. At the public hearing, the Board shall consider the application, the relevant support materials and the public testimony given at the public hearing in light of the criteria below. After the close of the public hearing, the Zoning Board of Adjustment shall vote to approve, approve with conditions or deny the application for a Variance, pursuant to the criteria below.
4.
Variance Criteria.
To approve an application for a Variance, the Zoning Board of Adjustment shall make an affirmative finding that each and every one of the following criteria is met.
a.
Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are [area.]
b.
Literal interpretation and enforcement of the terms and provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other land in the same zoning district, and would cause an unnecessary and undue hardship.
c.
Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and would carry out the spirit of this Zoning Ordinance and substantial justice.
d.
Granting the variance will not adversely affect adjacent land in a material way.
e.
Granting the variance will not adversely affect adjacent land in a material way. In the case of Community Homes with a number of residents greater than six (6), granting a variance as to the number of persons who may live in a community home constitutes a reasonable accommodation as required by the Americans with Disabilities Act. Denial shall be based on only legitimate zoning considerations, traffic, parking, allotted square footage for each resident, not opposition to a business in a home as that aspect has been established as allowable by Court interpretations of the ADA.
5.
Variances Not Allowed.
In exercising its authority, the Zoning Board of Adjustment shall not grant a variance that would create any of the following effects:
a.
The effect of the variance on the specific property would adversely affect the land use pattern as outlined by any City land use plan or policy.
b.
The variance would be a material detriment to the public welfare or create injury to the use, enjoyment or value of property in the vicinity.
c.
The variance is not the minimum variance that will relieve the proven hardship.
d.
The variance would allow a use not allowed in the district in which the parcel is located.
e.
The variance will relieve the applicant of conditions or circumstances that are caused by the illegal subdivision of land, which subdivision of land caused the property to be unusable for any reasonable development under the existing regulations.
f.
The variance is grounded solely upon the opportunity to make the property more profitable or to reduce expense to the owner.
g.
The variance will modify any condition imposed by the City Council. If conditions exist in an ordinance for zoning approved by the City Council, the applicant shall file a new zone case to amend the original condition.
h.
The variance would not only affect a specific parcel, but would be of such general nature as to constitute, in effect, a change in zoning of the parcel or a larger area, or would merit an amendment to this Zoning Ordinance.
6.
Conditions.
The Zoning Board of Adjustment may impose such conditions on a variance as are necessary to accomplish the purposes of this Zoning Ordinance, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of performance; other on-site improvements; and limitations on the duration or hours of operation of an allowed use. In terms of land uses sometimes justifiable within certain districts, those uses are listed as “exceptions” in the various districts, and a public hearing is processed by the Zoning Board of Adjustment to ascertain the above-mentioned adverse impacts on both the general public and the immediate property owners.
7.
Effect of Variance.
a.
Issuance of a variance shall authorize only the particular variation which is approved in the variance. A variance shall run with the land.
b.
Unless otherwise specified in the variance, an application to commence construction of the improvements that were the subject of the variance request must be applied for and approved within 12 months of the date of the approval of the variance; otherwise, the variance shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month period may be granted by the City Manager if it is determined that conditions of the site and immediately surrounding area are substantially unchanged.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 12.04 Authorizing Expansion of a Nonconforming Use.
1.
Purpose and Applicability.
Some uses of land will not conform to regulations of the zoning district in which they are located, even though such uses lawfully occupy that land before the effective date of this Zoning Ordinance. Such nonconforming uses require approval by the Zoning Board of Adjustment in order to be enlarged, expanded or extended to occupy more land or floor areas than prior to the effective date of this Zoning Ordinance.
2.
Submission of Application.
A complete application for expansion of a nonconforming use shall be submitted to the City Manager on a form prescribed by the Manager along with the appropriate application fee. Any such application shall include plans or drawings sufficient in clarity and detail to describe existing use of the subject property as well as any proposed expansion.
3.
Hearing and Action by Zoning Board of Adjustment.
The Zoning Board of Adjustment shall hold a public hearing on an application for enlargement of a nonconforming use. At the public hearing, the Zoning Board of Adjustment shall consider the application, any pertinent comments by the City staff, any relevant support materials and the public testimony given at the public hearing in light of the criteria below. After the close of the public hearing, the Zoning Board of Adjustment shall vote to approve, approve with conditions, or deny the application for enlargement of a nonconforming use, pursuant to the criteria below.
4.
Approval Criteria.
Approval by the Zoning Board of Adjustment of any proposed enlargement of a nonconforming use shall be based upon the following criteria.
a.
Impacts Minimized.
Whether and the extent to which the proposed expansion of a nonconforming use creates adverse effects, including adverse visual impacts, on adjacent properties. To this end, an expansion of a nonconforming use must be contained wholly within the boundaries of the tract, and any applicable setback lines, upon which the nonconforming use occupied at the time it became a nonconforming use.
b.
Compatible with Surrounding Area.
Whether and the extent to which the proposed expansion of a nonconforming use is compatible with existing and anticipated uses surrounding the subject property.
c.
Effect on Natural Environment.
Whether and the extent to which the proposed expansion of a nonconforming use would result in significant adverse impacts on the natural environment, including but not limited to adverse impacts on water and air quality, noise, stormwater management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
d.
Community Need.
Whether and the extent to which the proposed expansion of a nonconforming use addresses a demonstrated community need.
e.
Development Patterns.
Whether and the extent to which the proposed expansion of a nonconforming use would result in a logical and orderly pattern of urban development in the community.
5.
Conditions.
The Zoning Board of Adjustment may impose such conditions on an expansion of a nonconforming use as are necessary to accomplish the purposes of this Zoning Ordinance, to prevent or minimize adverse impacts on the public and on neighborhoods, and to ensure compatibility of the site with its surroundings. These conditions may include, but are not limited to, limitations on size, bulk and location; requirements for landscaping, buffering and screening, lighting, and adequate ingress and egress; cash deposits, bonds or other guarantees of performance; other on-site improvements; and limitations on the duration or hours of operation of an expanded use.
6.
Expiration of Approval.
A building permit for any approved expansion of a nonconforming use must be acquired and construction must be substantially complete within 12 months from the date on which the expansion was approved. The City Manager may grant a longer period of time when provided with significant evidence that the approved expansion cannot realistically be constructed during the first 12 months, but in no event shall such extension period exceed an additional 12 months.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 12.05 Appeal of a Zoning Board of Adjustment Decision.
Appeal of the Zoning Board of Adjustment on any Zoning board of Adjustment decision shall be made to a District Court within ten (10) days in accordance with state law.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)