§ 158.295. Planning and Zoning Board or Zoning Administrator (Director of Planning and Zoning) to hear Variances; Powers and Duties of Board and Zoning Administrator.

(A)

The Planning and Zoning Board or Zoning Administrator shall hear and consider requests for variances from the provisions of this chapter.

(1)

The Zoning Administrator has the authority to hear and decide the following administrative variances:

(2)

Variances of less than thirty-six (36) inches (three (3) feet) to height and front, rear and side yard setbacks for existing structures. Such an administrative variance does not permit reconstruction of a destroyed structure.

(3)

Variances of less than thirty-six (36) inches (three (3) feet) to front, rear and side yard setbacks for existing accessory structures. Such an administrative variance does not permit reconstruction of a destroyed accessory structure.

a.

Variances of six (6) inches or less to height restrictions and front, rear and side yard setbacks for existing main or accessory structures shall be approved at the discretion of the Zoning Administrator without formal application and shall not be subject to public notification requirements.

(4)

The Planning and Zoning Board is authorized to hear and decide all other variances; including any referred to it pursuant to subsection 158.298(D).

(B)

Duties of the Zoning Administrator and Planning and Zoning Board in authorizing a variance. The Planning and Zoning Board and Zoning Administrator may authorize the variance from the provisions of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the Planning and Zoning Board or Zoning Administrator should consider:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

(2)

That the special conditions and circumstances do not result from any action of the applicant.

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures, in the same zoning district.

(4)

That literal interpretation of the provisions of the chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter and would work unnecessary and undue hardship on the applicant.

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(6)

That the granting of the variance will be in harmony with the general intent and purpose of the chapter and that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(7)

That there will be full compliance with any additional conditions and safeguards which the Planning and Zoning Board or Zoning Administrator may prescribe, including but not limited to reasonable time limits within which the action for which variance is required shall be begun or completed, or both.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 00-104, § 1, 11-27-00; Ord. No. 05-100, § 1, 7-25-05; Ord. No. 15-85, § 1, 12-7-15)