Rouses Point Village
City Zoning Code
City Zoning Code
ARTICLE IX
Variances and Appeals
§ 120-49 Board of Appeals.
The Board of Appeals (Board) shall have the authority to review and approve requests for variances, to hear appeals from a decision of the Code Enforcement Officer and to decide any question involving the interpretation of a provision or definition contained in this chapter.
§ 120-50 Application.
A property owner(s) or his agent(s) may initiate a request for a variance by filing an application with the Board of Appeals using forms supplied by the Board. The application shall include a copy of the Tax Map which shows the property and neighboring uses of property and a map drawn to scale showing all existing and proposed structures, driveways, property lines, neighboring buildings, if applicable, and natural features of the site, including wetlands and drainageways. Neighbors within a five-hundred-foot radius of the subject property are to be notified, in accordance with the law, of any application for a variance at said property.
§ 120-51 Variance policy.
The granting of variances shall be principally for those seeking an area variance. A use variance shall only be granted if the provisions of § 120-53 of this chapter are strictly met.
§ 120-52 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 green space buffer, maximum lot coverage by buildings, maximum height of buildings and size or height of signs.
B.
In making its determination the 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 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 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.
§ 120-53 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 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 Board of Appeals all of the following:
(1)
That 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 proved by the applicant.
§ 120-54 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.
§ 120-55 Appeals.
Any appeal from a decision of the Code Enforcement Officer shall be made within 60 days after the Code Enforcement Officer makes and files said decision.
§ 120-56 Stay upon appeal.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Code Enforcement Officer certifies to the 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 restraining order which may be granted by the Board of Appeals or by a court of record.