(A) The Board of Appeals shall have the power to authorize on appeal in specific cases any variances from the terms of this Zoning Code as will not be contrary to the public interest, where, owing to special conditions of the appellant's lots or to existing uses or structures on adjoining lots, a literal enforcement of the provisions of this Zoning Code will result in undue hardship in the case of a use variance, or will result in practical difficulty in the case of an area variance, so as to relieve such hardship or practical difficulty, and so that the intent of this Zoning Code shall be observed, and substantial justice done. In authorizing a variance the Board may attach thereto such conditions or requirements governing the location, character, or other features of the proposed structure or use, and its maintenance, occupancy, and operation as the Board may deem necessary in furtherance of the purposes of this Zoning Code.
('69 Code, § 151.67) (Ord. C-285, passed 7-8-68; Am. Ord. C-691, passed 9-10-90; Am. Ord. C-692, passed 10-9-90)
(B) The factors to be considered and weighed in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of his property include, but are not limited to: whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; whether the variance is substantial; whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; whether the variance would adversely affect the delivery of governmental services, that is water, sewer, garbage; whether the property owner purchased the property with knowledge of the zoning restriction; whether the property owner's predicament feasibly can be obviated through some method other than a variance; or whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. C-557, passed 2-13-84; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-691, passed 9-10-90; Am. Ord. C-692, passed 10-9-90)
(C) Notwithstanding the requirement contained in division (A) above that undue hardship or practical difficulty must be demonstrated before a variance may be granted, the Board may waive the undue hardship or practical difficulty requirement for a variance from the prescribed set back from a lot line or lines when the requested variance is to extend or add to an existing nonconforming structure which encroaches on a required set back from a lot line, so long as the extension or addition will not encroach more than the set back of the existing structure. If the request is to add an additional structure or structures, such addition may not encroach more on required set backs from lot lines than any existing structure. All other considerations and conditions outlined in division (A) above continue to apply.
(Ord. C-557, passed 2-13-84)
Cross-reference: