Watertown City Zoning Code
ARTICLE XIV
Variances and Appeals
§ 310-141 Applications; standards for review; decisions; expiration.
A.
Appeals.
(1)
Applicants, or any officer, department, board or bureau of the City, have the right to appeal to the Zoning Board of Appeals any order, requirement, decision, interpretation or determination (zoning compliance certificate) of officials charged with the administration and enforcement of this chapter. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, interpretation or determination being appealed and shall make such order, requirement, decision, interpretation or determination as, in its opinion, ought to have been made in the matter by the Planning and Community Development Department or Code Enforcement Bureau, and to that end shall assume all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.
(2)
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation, or determination of the Planning and Community Development Department or Code Enforcement Bureau charged with the enforcement of such ordinance or local law by filing with such Planning and Community Development Department and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Planning and Community Development Department from whom the appeal is taken shall transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(3)
Stay upon appeal. An appeal to the Zoning Board of Appeals shall stay the enforcement of the ordinance from which the appeal has been taken, unless the Code Enforcement Bureau determines that the stay of enforcement would pose imminent peril to life or property.
B.
Application. The Zoning Board of Appeals shall not act upon any application for a variance or an interpretation until the required public hearing has been held. The Zoning Board of Appeals shall render a written decision on the application within 62 days of the close of the public hearing. This time period may be extended by mutual consent of the applicant and the Board.
C.
Variances.
(1)
Application.
(a)
Every application for a variance shall be filed with the Planning and Community Development Department.
(b)
The application shall contain the following information:
[1]
The specific provision or provisions of this chapter from which an area or use variance is sought.
[2]
The nature and extent of the variance sought.
[3]
The special conditions of the property, or the nature of the use and/or development of contiguous properties, which would make such a variance necessary.
[4]
A detailed statement indicating why the variance should be granted.
[5]
A detailed site plan drawn to scale or with all measurements clearly labeled.
[6]
Photographs of the land or building involved which highlight the area affected by the variance.
(2)
Standards for area and use variances. The Zoning Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case as specified below:
(a)
Area variance.
[1]
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the Bureau of Code Enforcement or Planning and Community Development Department, to grant area variances as defined herein.
[2]
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 by such grant. In making such determination the Board shall also consider:
[a]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[b]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance;
[c]
Whether the requested area variance is substantial;
[d]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[3]
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[4]
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(b)
Use variances.
[1]
The Zoning Board of Appeals, on appeal from the decision or determination of the Bureau of Code Enforcement or Planning and Community Development Department, shall have the power to grant use variances, as defined herein.
[2]
No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable 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 that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence;
[b]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[c]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
[3]
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Expiration of variances.
(a)
Whenever a variance is authorized by the Zoning Board of Appeals, the activity authorized thereby shall be established and any construction authorized thereby shall be diligently prosecuted and shall be completed within 12 months after the effective date of such variance, unless an extension of not more than six months shall be granted by the Zoning Board of Appeals because of the occurrence of conditions unforeseen at the time of authorizing such variance.
(b)
If not so acted on and completed within a period of 12 months, unless the same is extended as aforesaid, such variance shall automatically expire without notice.
§ 310-142 Rehearing.
A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.