(A) A variance shall only be allowed by the Board of Adjustment upon findings as set forth in this section. Any authorizing of a variance shall not destroy the intent of the chapter. Any authorized variance shall be recorded in the minutes of the Board of Adjustment. A hardship, as used in the context of this section, shall be considered to be some unique or unusual character of the proposed site, including but not limited to unique size, shape, contour, or space requirement. An economic hardship to the applicant is not to be considered for a variance.
(B) The Board may grant a variance upon finding that the following conditions exist:
(1) Extraordinary and exceptional conditions exist pertaining to the particular place or property in question because of its size, shape, or topography, such that compliance with the chapter would cause an unnecessary and unreasonable hardship to the applicant.
(2) The variance will not confer upon the applicant any special privileges that are, or would be, denied to other similarly situated individuals.
(3) This chapter would deprive the applicant of rights commonly enjoyed by other similarly situated individuals.
(4) The variance would not seriously deter from the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare.
(5) The special circumstances causing the need for variance(s) are not the fault of the applicant.
(C) The Board of Adjustment may impose reasonable conditions upon the granting of any variance in order to protect the public interest or neighboring property owners. Violation of any such conditions shall be a violation of this chapter and subject to the penalties set forth in § 163.99 of this chapter.
(Am. Ord. passed 7-17-23)