Agenda - Planning Commission - 02/07/1995

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THE ZONING REPORT Page Slx architecture, height of building~ open spaces, parking areas~ or make any requirements that the said authority may consider necessary to prevent damage or prejudice to adjacent prop- erties, or be detrimental to the welfare of the community." [San Joaquin Co, Stodkton CA] "Conditions. The BZA may impose . . . condi- tions which may include time limits within which a permit acted upon shall be valid or a use shall be conducted, and which .may estab- lish the following similar requirements for bringing the proposed use into conformity with the character of the district and adjoining properties, for protecting the public health, safety, convenience and welfare or for pre- venting traffic congestion: "i. Specific yard, area, open space and height regulations that shall supersede such regulations herein, as would otherwise apply. "2. Provisions of off-street parking space, and spaces or Basements for protective plant- ing screens~ necessary facilities, and service supplemental to the principal or accessory use of the premises. "3. Limitation of use and specification of manner of maintaining and conducting such use or USES. "4. Structural requirements. "5. Dedication to the City of Bay City areas required for any public purposes. "6. The BZA shall have the power to permit erection and use of a building, or an addition to an existing building, of a public service cor- poration or for public utility purposes~ in any permitted district to a greater height or of larger area than the district requirements herein established, and permit the location in any use district of a public utility building, structure or use if the Board shall find such use, height, area, or building or structure rea- sonably necessary for the public welfare or public convenience and service. "The Board may require a written agreement, bond., or other assurance of faithful perform- ance of any such conditions . . ." ['Bay' City MIl ". . . No nonconforming use of neighboring lands, structures, or buildings in the same dis- trict and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance... "... Mere loss in value shall not justify a. variances; there must be deprivation of benefi- cial use of land. "... It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. .Furthermore,_ the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge o'~ the restrictions; it must result from the application of. this Ordinance; it must be suffered directly by the property in question; and evidence of variances granted under similar circumstances need not be considered. "Variances may be granted [by the BZA] as guided by the following: . . . "-- . . . the respective area and width of the lot or lots should not be less that 80% of the required area and width. "-- To reduce the applicable off-street parking or loading facilities required, but generally by not more than 30% of the required facilities. "-- To increase the maximum distance that re- quired parking .spaces are permitted to be lo- cated from the use served, but generally not more than 40%. "-- To increase the maximum allowable size or area of signs on a lot, but generally by not more than 25%. "-- To increase the maximum GFA of any use so limited by the applicable regulations, but generally not more than 25%." [State of Ohio Model Zoning Code, 1989, Ohio Dept of Development, Columbus OH] Standards for special exceptions [Regulations for special exceptions]: "Sec. 13-1-300 Definition of a Special Excep- tion. For purposes of this [chapter on special e×~ptions], a special exception shall have the January 20, 1995 iszue