(A) An application for a variance shall be filed on forms approved by the Zoning Inspector. Incomplete applications shall not be set for hearing until all requested information has been provided.
(B) The Board may grant a variance if there is a finding of unnecessary hardship or practical difficulty based on the strict application of the zoning code and only if all the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or depth of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning chapter in the neighborhood or district in which the property is located.
(2) The granting of the variance is necessary and is not for the convenience of the property owner, but to preserve the use of the property to yield a reasonable return on property and not infringe on property rights.
(3) That such unnecessary hardship has not been willfully created by the applicant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(6) The Board shall give due regard to the nature and condition of adjacent uses and may impose conditions as part of its granting of a variance to protect adjacent properties and the health, safety, and welfare of the municipality.
(C) Finding of fact. The Boards decision shall include a finding of fact based on the above referenced criteria and include conditions of approval, if any, in its final vote and decision. The finding of fact shall list the facts and reasons based on the evidence for approval, approval with conditions, or disapproval and shall be entered included in the official minutes of the hearing.
(D) A variance shall expire if not acted on within two years and may be revoked by the Board if any of the conditions of approval are violated. An extension of one year may be granted for just cause at the discretion of the Board.
(Ord. 2022-25, passed 3-21-2022)