(A) Variances shall only be granted where there are practical difficulties which make the strict enforcement of this chapter impractical, and only when the variances are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the Comprehensive Plan. “Practical difficulties” as used in connection with the granting of a variance includes a three-factor test, all three of which must be met in order for a variance to be granted.
(1) Reasonableness. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
(2) Uniqueness. The plight of the landowners is due to circumstances unique to the property not created by the landowner.
(3) Essential character. The variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute a practical difficulty if a reasonable use of the property and associated structures exists under the conditions allowed by this chapter. In addition, no variance shall be granted that would permit any use that is prohibited in this chapter in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest, especially in regard to the view from the river.
(C) The formal public hearing for a variance shall be held by the Planning Commission as set forth in Ch. 153 of this code.
(Prior Code, § 12-835) (Ord. 02-2014, passed 5-20-2014) Penalty, see § 10.99