Ordinance 2015-076 - Laserfiche WebLink

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Version KW1, 082015 (a) Whenever in the Zoning Code, approval of the Board of Zoning Appeals is required for the issuance of a special permit for a particular use, the approval thereof shall not be granted if the Board finds that any of the following conditions would probably be created by the issuance of such special permit or use thereunder: (1) The public peace, health, safety, morals, welfare or convenience would be jeopardized or actively affected; (2) The use, value, development or enjoyment of neighboring property would be adversely affected, or the health or safety of persons residing or working in the neighborhood would be adversely affected; (3) A public or private nuisance would likely be created by reason of noise, smoke, odors, fire, vibrations, objectionable lights or congestion of traffic or persons; (4) Traffic or safety hazards would be created; (5) The combination or accumulation of uses of the same nature in close proximity or in the same neighborhood would adversely affect the public peace, health, safety, morals, welfare or convenience, adversely affecting neighboring property or creating a nuisance; or (6) The proposed use would not comply with other provisions or standards specified in this Code. (b) In approving any such use and issuing a special permit therefor, the Board shall designate such requirements in connection therewith as will assure that the use would continue to conform to the provisions and standards of this Code and the findings made by the Board. The requirements imposed by the Board shall be set forth in its minutes. (Ord. 90-125. Passed 5-21-91.) 1123.12 APPEAL CONDITIONS. (a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from the decision of the Building Official, the Board of Zoning Appeals shall have the power in a specific case to vary or modify the application of any such provision in harmony with the general purpose and intent of the Zoning Code so that the public health, safety, morals, general welfare and convenience may be secured and substantial justice done. Such variance shall be limited to specific cases where the following conditions, also, exist: (1) The practical difficulty or unnecessary hardship, which is inherent in and is peculiar to the premises sought to be used because of physical size, shape or other characteristics of such premises, or adjoining premises, which differentiate such premises sought to be used from other premises in the same district, and as to such premises sought to be used, shall create a difficulty or hardship caused by a strict application of the provisions of the Zoning Code not generally shared by other lands or structures in the same district; (2) The refusal of the variance or modification appealed from shall deprive the owner of premises sought to be used of substantial property rights; and (3) The granting of the variance or modification appealed from shall not be contrary to the purposes and intents of the provisions of the Zoning Code. (b) In order to be entitled to relief under this section the appellant shall substantiate his claim that each of the three conditions hereinbefore listed exist, and the Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite of the granting of the variance or modification. (c) When a variance is granted by the Board of Zoning Appeals in conjunction with a Development Plan submittal required by Chapter 1126, the variance shall be final and conditional and shall expire, be void and of no effect after the expiration of one (1) year from the