(A) Power to grant variances. Where, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation or condition peculiar to a particular piece of property, the strict application of any provision of this appendix would result in exceptional, demonstrable, unnecessary hardship, the Board shall have the power to grant, upon an appeal relating to such property, a variance from such strict application so as to relieve such demonstrable difficulties or hardships, subject to the requirements of this section.
(70.75.10)
(B) Application for variance.
(1) The applicant shall submit written application for a variance demonstrating:
(a) There exist special conditions and circumstances of the type specified in subsection (A) above which are peculiar to the land, structure, or building involved and which are not applicable to other lands or structures in the same district;
(b) Said special conditions and circumstances do not result from the actions of the applicant;
(c) Literal interpretation of the provisions of this appendix would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this appendix; or
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this appendix to other lands or structures in the same district.
(2) When the application is filed, a fee, as provided in § 70.85, shall be paid.
(70.75.20)
(C) Public hearing on application. The Board shall hold a public hearing on the application, as provided in § 70.60.
(70.75.30)
(D) Board findings. The Board shall make the following findings.
(1) The representations in the application are valid.
(2) The reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land or structure.
(3) The granting of the variance will be in harmony with the general purpose and intent of the Comprehensive Plan and this appendix and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(70.75.40)
(E) Limitations of granting of variances.
(1) No nonconforming use of neighboring lands or structures in the same district and no permitted or nonconforming use of land or structures in other districts shall be considered grounds for the issuance of a variance.
(2) Under no circumstances shall the Board grant a variance to allow a use not permitted under the terms of this appendix in the district involved or any use expressly or by implication prohibited by the terms of this appendix in said district.
(70.75.50)
(F) Board action. The Board shall consider the application and grant or deny it. In granting any variance, the Board may prescribe appropriate conditions in conformity with this appendix.
(70.75.60)
(G) Issuance of permit. Where a variance is required and granted, it shall be issued prior to the issuance of a building permit or certificate of occupancy and shall be issued subject to the conditions upon which the Board has determined to grant the variance.
(70.75.70)
(Prior Code, Appendix B, § 70.75) (Ord. 702, passed 3-15-1971)