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The Board shall have the power to hear and decide applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of the zoning regulations or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of the zoning regulation would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
(A) A variance from the terms of this chapter shall not be granted by the Board unless and until a public hearing is held. Each application for a variance shall be upon forms provided by the Zoning Administrator.
(B) Upon receipt of the application, the Zoning Administrator shall prepare a notice of public hearing to be posted on the property for which the variance is sought, duly advertised in a local newspaper, and mailed to all property owners within 200 feet of the applicant's property.
(C) The Board of Zoning Adjustment shall find each and all of the following before a variance is granted:
(1) There are specific conditions which are unique to the applicant's land and do not exist on other land in the same zoning district.
(2) Strict application of the provisions of this chapter would deprive the applicant of reasonable use of the land in the manner equivalent to the uses permitted other landowners in the same zoning district.
(3) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter.
(4) The variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood.
(D) In granting any variances, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. The Board shall have power to revoke variances for noncompliance with the conditions thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator.
(E) When granted, a variance shall allow the least possible change in this chapter requirements.
(F) The Board of Zoning Adjustment shall not grant any variance for any use expressly or by implication prohibited by the terms of this chapter. A change in the use requirements is a rezoning or text amendment, and those legislative matter. Likewise, no nonconforming use of neighboring lands, structures or buildings, and no permitted or conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(Ord. 101-1986, passed 10-7-86)