(a) Variances. In accordance with the procedures and standards set forth in article VI of this chapter, when unnecessary hardships would result from carrying out the strict letter of this ordinance, the board of adjustment shall vary the provisions of the ordinance upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not the result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured and substantial justices is achieved.
No change in permitted uses may be authorized by the variance. Appropriate conditions may be imposed on any variance provided that the conditions are reasonably related to the variance.
(b) Variances - granting. In granting a variance, the board of adjustment shall make written findings that all of the above listed requirements have been met. If a variance is granted it shall be the least possible deviation from the requirements of this article. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violations of the provisions of the variance granted, including any conditions or safeguards, which are a part of the grant of the variance, shall be deemed a violation of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3943, § 1b, 1-25-11; Ord. No. 4274, § 1e, 1-28-14)