The regulations specified in this chapter shall
be subject to the exceptions, modifications and interpretations contained
in this article.
Variances may be granted from height, lot area,
lot width, yard regulations, parking space requirements, sign regulations
and distance requirements specified in this chapter.
[Amended 8-13-2013 by Ord. No. 214]
A. A person may apply to the Zoning Administrator for a variance from the requirements and regulations listed in §
250-95. The application shall be made on a form and in a manner prescribed by the Board.
B. In cases
where a variance is less than 50% of the minimum size or number allowed
by this chapter, the variance may be heard by the Zoning Administrator.
Any larger variance request will be heard by the Board of Zoning Appeals.
C. The Zoning Administrator has the discretion to refer any request for a variance to the Board of Zoning Appeals for a hearing. An applicant may apply directly to the Board pursuant to §
250-104.
[Amended 8-13-2013 by Ord. No. 214]
A. For any
variance hearing held by the Zoning Administrator, the Zoning Administrator
shall conduct a hearing on the application.
B. At least
14 days in advance of the public hearing, the Zoning Administrator
shall post the property with notice of the pendency of the application
and shall notify the adjoining property owners of the application
by first-class mail of the date, time and place of the hearing.
C. Any person
may attend the hearing, and the Zoning Administrator shall allow all
parties who are present an opportunity to be heard concerning the
application.
[Amended 8-13-2013 by Ord. No. 214]
A. Within 15 days of the conference, the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and facts which support it. In making the decision, the Zoning Administrator may grant the variance only in cases where the strict compliance with the terms of this chapter would result in practical difficulty or unreasonable hardship which have not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator shall not grant a variance if to do so would violate the spirit and intent of the regulation, or cause or be likely to cause substantial injury to the public health, safety and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in §
250-112.
B. A decision of the Zoning Administrator made pursuant to §
250-96 constitutes a zoning action. Appeals of the decision of the Zoning Administrator may be made to the Board of Zoning Appeals within 30 days of the decision. If not timely appealed, the Zoning Administrator’s decision is final.