10-1.1
A Zoning
Board of Adjustment is hereby established. Board establishment and
membership shall be subject to applicable resolutions and state law.
10-1.2
The
Zoning Board of Adjustment shall consist of five (5) members.
(A)
Members
shall be appointed by the City Council.
(B)
Members
shall serve for a term of two (2) years and shall be removable for
cause by the appointing authority upon written charges after public
hearing. A member shall serve no more than three (3) consecutive two
(2) year terms and shall be ineligible to succeed himself/herself
for any additional successive term. A member may not be re-appointed
until one (1) full term has passed since the last day of the last
term of his/her previous service on the Board.
10-1.3
The
City Council may appoint four (4) alternate members of the Board.
(A)
Alternate
members shall serve in the absence of one or more of the regular members
when requested to do so by the Community Development Director or chairman
of the Board of Adjustment so that all cases to be heard by the Board
of Adjustment will be heard by a minimum of four (4) members.
(B)
Each
alternate member, while attending any regular or special meeting of
the Board and serving in the absence of a regular member, has and
may exercise all the powers and duties of a regular member.
(C)
Alternate
members shall serve for the same period as regular members.
(D)
Alternate
members shall be subject to removal in the same manner as that for
regular members.
10-1.4
The
terms of all Board members shall not expire at the same time.
10-1.5
Regular
and alternate member vacancies created by resignation or other causes
shall be filled as follows:
10-1.6
Compensation,
if any, for a Board member may be provided for by the appointing authority.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-2.1
The
Board shall adopt rules necessary to conduct its affairs and establish
Board organization, procedures, meeting notice and meeting conduct.
10-2.2
Such
rules adopted by the Board shall be in accordance with state law and
the provisions of this Ordinance.
10-2.3
The
Chairman of the Board shall be appointed by the City Council.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-3.1
Authority
for Applications and Appeals
(A)
Authority
for Applications.
The Board of Adjustment shall be the final decision-maker on the following types of applications (unless the decision is appealed as outlined in subsection 10-4.5):
(4)
An
request for interpretation of zoning maps and determination of disputed
questions of lot lines and district boundary lines and similar questions
that may occur in the administration of this Ordinance.
(B)
Authority
for Appeals.
The Zoning Board of Adjustment shall be the final decision-maker on appeals related to the following types of applications (unless the decision is further appealed as outlined in subsection 10-4.5):
(1)
An
appeal of a decision of the Community Development Director, unless
an appeal process is otherwise outlined within this Ordinance;
(2)
An
appeal of any decision of any officer, department, or board of the
City by any person affected by any order, requirement, decision or
determination made by an administrative official who is charged with
enforcing this Ordinance or an ordinance adopted pursuant to this
Ordinance, if another appeal process is not otherwise outlined within
this Zoning Ordinance, unless an appeal process is otherwise outlined
within this Ordinance.
(C)
Limitation
on Authority.
The authority delegated to the Zoning Board
of Adjustment under this Zoning Ordinance shall not be construed to
effect any of the following:
(1)
Approval
of a petition for a zoning amendment;
(2)
Approval
of a Conditional Use Permit;
(3)
Authorization
of a use not authorized in the zoning district in which the applicant’s
property is located, except to the extent necessary to decide a special
exception or a petition for a change in status of a non-conformity.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-4.1
Board
meetings shall be held at the call of the chairman and at such other
times as the Board may decide.
10-4.2
All
meetings of the Board shall be open to the public, except that the
Board may hold closed meetings as permitted under state law. The Board
shall keep minutes of its proceedings, showing the vote of each member
upon every question or, if absent or failing to vote, indicate such
fact. The Board shall also immediately file and keep in its office
records of its examinations and other official actions. All such records
and minutes shall be public record.
10-4.3
All
matters to be heard by the Board shall be heard by a minimum of four
(4) members; four member of the Board shall constitute a quorum.
10-4.4
The
concurring vote of four members shall be required for the Board to:
10-4.5
Each
decision of the Board shall be subject to court review.
(A)
Any
person or persons, jointly or severally aggrieved by any decision
of the Board or any taxpayer or any officer, department or board of
the municipality may petition for court review.
(B)
The
petition shall be verified and shall state that the decision is illegal,
in whole or part, specifying the grounds of the illegality.
(C)
Any
petition for court review court shall be presented to the court within
ten (10) days after the decision of the Board.
10-4.6
The
Chairman of the Board or, in the Chairman’s absence, the acting
chair, may administer oaths. The chairman of the Board or any member
temporarily acting as chairman may, in his official capacity, administer
oaths to witnesses and compel the attendance of witnesses in any matter
coming before the Board.
10-4.7
Duties
of Community Development Director.
The Community Development
Director (or designee) shall act as the staff liaison to the Board
and secretary of the Board, and shall set up and maintain a separate
file for each application for approval, special exception, and variance
received. The Director shall record in each file the names and addresses
of all persons to whom notices are mailed, including the date of mailing,
and shall keep a record of all notices published that are required
by this ordinance in relation to the Board.
10-4.8
Timing
of Decisions on Applications
The Board of Adjustment
shall not render any decision on a development application, appeal
or relief petition while a petition for a zoning amendment, application
for a Conditional Use Permit, or plat application for the same land
is pending and until such petition or application has been finally
decided pursuant to procedures in this Zoning Ordinance.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-5.1
Any
person aggrieved or any officer, department, or board of the municipality
affected by any order, requirement, decision or determination made
by an administrative official charged with enforcing this Ordinance
or an ordinance adopted pursuant to this Ordinance may appeal the
decision.
10-5.2
Appeals
shall be taken within fifteen (15) days after the decision has been
rendered by the City Planner, by filing with the officer from whom
the appeal is taken and with the Board a notice of appeal, specifying
the grounds thereof.
10-5.3
The
official from whom the appeal is taken shall forthwith transmit to
the Board all papers constituting the record from which such appeal
is taken.
10-5.4
An appeal
shall stay all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the
Board, after notice of appeal has been filed with him, that by reason
of the facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property, or that because the violation
charged is transitory in nature a stay would seriously interfere with
enforcement of the ordinance.
10-5.5
If certification
occurs in accordance with this section, proceedings may not be stayed
except by a restraining order which may be granted by the Board or
by a court of record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
10-5.6
The Board shall fix a reasonable time for hearing the appeal, give due public notice of public hearing on the appeal, such notice of which shall be in accordance with Section 8-1 [8-2.3], and decide the appeal within a reasonable time. Public hearings shall be conducted in the manner provided in Section 8-1 [8-2.3].
10-5.7
Any
party that is part of the appeal proceedings may appear in person
or may be represented by attorney or by agent at the appeal hearing.
10-5.8
The
Board shall decide the appeal within thirty (30) working days of the
close of the public hearing. The Board may reverse or affirm, in whole
or in part, or may modify the order, requirement, decision, or determination
appealed from, and shall make any order, requirement, decision, or
determination that in the Board’s opinion ought to be made in
the circumstances.
10-5.9
The
Board shall have all the powers of the officer from whom the appeal
is taken, including the power to impose reasonable conditions to be
complied with by the applicant.
10-5.10
The
Board shall not hear an appeal or application previously denied within
one (1) year following denial, unless it finds a substantial change
in conditions or circumstances has occurred.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-6.1
Purpose,
Applicability & Effect.
(A)
The
purpose of a variance is to vary one or more zoning standards made
applicable to a use authorized under this Zoning Ordinance[.]
(1)
A
variance application shall not be used as a means of amending the
text of the City’s zoning regulations or of changing a zoning
district classification of the property for which the variance is
sought.
(2)
A
variance application cannot be used as a means to contest the applicability
of a standard to a development application, an exemption determination,
or a decision on a development application.
(B)
A variance
application is applicable only within the City limits of Greenville.
(C)
The
granting of a variance petition in whole or in part authorizes the
petitioner to submit a development application that complies with
the standard as varied or modified, and authorizes the Community Development
Director to evaluate the application using the varied standard, for
the duration of the variance.
10-6.2
Application
Requirements
(A)
A variance
application shall contain a detailed written statement of the reasons
why the standards to be varied should not be applied to the use identified
in the application, and shall be accompanied by the fee established
by the City Council. The application also shall be accompanied by
illustrations or other documents showing the effect of the requested
variance on the proposed development.
(B)
A variance
application shall be filed with the Board of Adjustment. No development
application that is dependent upon approval of the pending variance
application shall be accepted for filing until a final decision has
been reached on the variance application.
(C)
An application
for a variance to a use in a zoning district for which an application
for a zoning amendment is pending may not be accepted for filing until
a final decision has been reached on the zoning amendment.
10-6.3
Processing
of Petitions and Decision
(B)
The
Board of Adjustment shall approve, approve with conditions, or deny
the variance application.
(C)
A variance
application shall be decided within thirty (30) days of the official
filing date, unless the application is tabled or there is a lack of
quorum. In either case, the Board shall then have an additional thirty
(30) days to decide the application. Any additional time period that
the Board needs to decide an application must be agreed upon by the
applicant, and the Board shall decide the application within the agreed-upon
timeframe.
(D)
The
applicant for a variance bears the burden of proof to demonstrate
that a variance to the standards applicable to a particular use should
be granted.
10-6.4
The
Board may authorize or require the following:
(A)
Reconstruction,
extension or enlargement of a building occupied by a nonconforming
use on a lot or tract occupied by such building, provided such reconstruction
does not prevent the return of such property to a conforming use.
(B)
Modifications
of the height, yard, area coverage and parking regulations as may
be necessary to secure appropriate development of a parcel of land
which differs from other parcels in the district by being such restricted
area, shape, or slope that it cannot be appropriately developed without
such modification.
10-6.5
In deciding
the variance application, the Board shall apply the following criteria:
(A)
There
are special circumstances or conditions arising from the physical
surroundings, shape, topography or other feature affecting the land
such that the strict application of the provisions of this Zoning
Ordinance to the proposed use would create an undue hardship or inequity
upon or for the applicant, as distinguished from a mere inconvenience,
in developing the land or deprive the applicant of the reasonable
and beneficial use of the land;
(B)
The
variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner;
(C)
The
hardship or inequity suffered by petitioner is not caused wholly or
in substantial part by the petitioner;
(D)
The
circumstances causing the hardship do not similarly affect all or
most properties in the vicinity of the petitioner’s land;
(E)
The
request for a variance is not based exclusively on the applicant’s
desire for increased financial gain from the property, or to reduce
an existing financial hardship;
(F)
Granting
the variance application will not be detrimental to the public health,
safety or welfare, or injurious to other property within the area;
(G)
Granting
the variance application will not have the effect of preventing the
orderly use and enjoyment of other land within the area in accordance
with the provisions of this Zoning Ordinance, or adversely affect
the rights of owners or residents of surrounding property;
(H)
The
degree of variance requested is the minimum amount necessary to meet
the needs of applicant and to satisfy the standards in this section.
10-6.6
Neither
the nonconforming use of lands, structures or buildings in the same
zoning district, nor the permitted use of lands, structures or buildings
in other zoning districts shall be considered as grounds for the issuance
of a variance.
10-6.7
In granting
any variance, the Board may prescribe reasonable and appropriate conditions
and safeguards in conformity with this Ordinance.
(A)
Violations
of such conditions and safeguards, when a part of the terms under
which the variance is granted, shall be deemed a violation of this
Ordinance.
(B)
A variance
granted subject to a condition shall be permitted only so long as
there is compliance with the condition.
(C)
In the
event that any such condition is held invalid, for any reason, such
holding shall have the effect of invalidating the variance granted
and shall render the variance null and void.
10-6.8
The
Board shall not, under any circumstances, grant a variance to permit
a use otherwise prohibited in this Ordinance in the zoning district
involved.
10-6.9
The
Board shall not hear a variance application previously denied within
one (1) year following denial, unless it finds a substantial change
in conditions or circumstances has occurred.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-7.1
Purpose,
Applicability and Effect
(A)
The
purpose of a special exception shall be to authorize a modification
of zoning standards applicable to particular types of development
within any zoning district, which is consistent with the overall intent
of the zoning ordinance and for which express standards are prescribed,
but that requires additional review to determine whether the development
with the modification is compatible with adjoining land uses and the
character of the neighborhood in which the development is proposed.
(B)
An application for a special exception may be filed only for those modifications listed in Section 9-11 of this Ordinance. The special exceptions procedure shall be applicable only within the City limits.
(C)
Approval
of an application for a special exception entitles the property owner
to undertake the activity authorized under the exception notwithstanding
any standards in the zoning district regulations to the contrary.
10-7.2
Application
Requirements
(A)
An application
for a special exception shall be made to the Community Development
Department.
10-7.3
Processing
of Application and Decision
(B)
The
Board of Adjustment shall approve, approve with conditions, or deny
the special exception application.
(C)
A special
exception application shall be decided within thirty (30) days of
the official filing date.
(D)
The
applicant for a variance bears the burden of proof to demonstrate
that a special exception should be granted.
10-7.4
Criteria
for Approval
(A)
In deciding whether to approve, conditionally approve or deny the application for a special exception, the Board shall apply the standards in Section 9-11 governing the special exception. In addition, the Board shall consider whether the special exception will substantially and adversely affect the use of adjacent or neighboring property.
(B)
The
Board may impose such conditions on the application for special exception
as are necessary to prevent harm to adjacent or neighboring property.
10-7.5
No-Reapplication
for One Year.
The Board shall not hear a special exception
application previously denied within one (1) year following denial,
unless it finds a substantial change in conditions or circumstances
has occurred.
(Ordinance 08-059, ex. A, adopted 5/27/08)
10-8.1
Applicability
and Effect
(A)
Application.
A property owner may apply to the Board of Adjustment for a
change in the status of a nonconforming use or structure for the following
matters:
(1)
Expansion
of the land area of a nonconforming use;
(2)
Expansion
of the gross floor area of a nonconforming structure;
(3)
Reconstruction
of a nonconforming structure that has been destroyed;
(4)
Resumption
of a nonconforming use previously abandoned;
(5)
The
enlargement, expansion or repair of a nonconforming structure if such
enlargement, expansion or repair does not increase the structure’s
nonconformity; or
(6)
Encroachment
on a zoning setback line.
(B)
Effect.
If the Board grants the application for a change in nonconforming
status, modifications made in the nonconforming use, structure or
lot that are consistent with the approved application shall have the
same status and shall be subject to the same limitations as the original
nonconformity under this Zoning Ordinance.
10-8.2
Decision
The Board shall process and decide the petition for a change in nonconforming status as a special exception in accordance with Section 10-7 of this Zoning Ordinance.
10-8.3
Criteria
for Approval.
In deciding the application, the Board
shall apply the following criteria:
10-8.4
Petition
for Termination
(A)
A City
official may petition the Board of Adjustment for termination in nonconforming
status of a nonconforming use, nonconforming structure or nonconforming
lot.
(1)
The
Community Development Director shall be the responsible official for
a petition seeking termination of nonconforming status.
(2)
If
the Board grants the petition for termination of nonconforming status,
the nonconforming use, nonconforming structure or nonconforming lot
shall be deemed in violation of this Zoning Ordinance and shall be
subject to any remedy for enforcement, as provided in Article XI of
this Ordinance. Thereafter, the property owner may not seek reinstatement
of nonconforming status.
(3)
The
application shall include a concise statement of the reasons why the
nonconforming status should be terminated, with specific reference
to the rule(s) governing the nonconformity which the petitioner seeks
to enforce and a detailed explanation of how granting the petition
enforces the standards governing nonconforming status.
(B)
The
Board may authorize or require the discontinuance of nonconforming
uses or structures under any plan whereby the full value of the structure
and facilities can be amortized within a definite time period, taking
into consideration the general character of the neighborhood and the
necessity for all property to conform to the requirements of this
Ordinance.
(1)
All
actions to discontinue a nonconforming use of land or structure shall
be taken with due regard for the property rights of the person affected.
(2)
All
actions to discontinue a nonconforming use of land or structure shall
consider such property rights in light of the public welfare, character
of the area surrounding the designated nonconforming use, and conservation
and preservation of property.
(Ordinance 08-059, ex. A, adopted 5/27/08)
