76-615. Variance review procedures., Article XV. Zoning Board of Appeals, Chapter 76. Zoning, Code of Ordinances, Code of Ordinances, Chesterfield

(a)

Purpose of variance. These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of the zoning ordinance through a variance, where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardship. As used in this chapter, a variance is authorized only for height, area and size of structure, or size of yards, open spaces and those listed in section 76-612. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in adjoining zoning districts. Variances shall also not be granted for any special land use or PUD once it has been approved by the planning commission.

(b)

Application for variance approval. An application for the approval of a variance shall be made by an owner of an interest in the site to the township planning administrator, accompanied by the necessary fees and documents, as provided in this chapter.

(c)

Site plan. The application shall be accompanied by any information to clearly demonstrate the necessity for the variance. The ZBA may table or deny the application due the absence of such information. The ZBA may require any reasonable information, documentation or plans which are necessary to make a determination on the requested variance.

(d)

Required documentation. The application shall be accompanied by documentation from the applicant explaining:

(1)

How the strict enforcement of the provisions of this chapter would cause practical difficulty and/or unnecessary hardship and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

(2)

The conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district.

(3)

The conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property.

(4)

Why the requested variance will not confer special privileges that are denied other properties similarly situated in the same zoning district.

(5)

Why the requested variance will not be contrary to the spirit and intent of this chapter.

(6)

Subsections (2)e., f. or h. of section 76-612 are being invoked.

(e)

Notification. The township planning administrator shall notify the owners of the property that is subject to the request and all owners of an interest in lots and all occupants of structures, within 300 feet of the subject lot upon which a variance is requested, of the time and place of the zoning board of appeals meeting at which such application will be considered, provided, however, such notice shall be given not less than 15 days before such meeting.

(f)

Approval; disapproval. The zoning board of appeals shall approve, with or without conditions, or disapprove the application and shall communicate its action to the applicant, the township board, the building administrator, and the township planning commission. The zoning board of appeals shall not approve an application for a variance unless it has been found positively that:

(1)

The strict enforcement of the zoning ordinance would cause a practical difficulty and deprive the owner of rights enjoyed by all other property owners owning property within the same zoning district.

(2)

The conditions and circumstances are unique to the subject property and are not similarly applicable to other properties in the same zoning district.

(3)

(4)

The requested variance will not confer special privileges that are denied other properties similarly situated and in the same zoning district.

(5)

The requested variance will not be contrary to the spirit and intent of this chapter.

(6)

Subsections (2)e., f. or h. of section 76-612 have been properly requested.

(g)

Issuance. The building administrator shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a building permit or such other approval permitting the variance, subject to all conditions imposed by such approval.