(A) When practical difficulties, special conditions or unnecessary hardships would result from carrying out the strict letter of this chapter, the Board of Adjustment shall have the power to vary or modify any of the regulations or provisions of this chapter relating to the construction or alteration of buildings or structures or the use of land for all variance requests, except major variance requests regarding parcels of land located within a Water Supply Watershed District. For major variance applications related to regulations or provisions in this chapter for lots located within the Water Supply Watershed District, the Board of Adjustment shall have the power to make recommendations on such applications.
(B) The Board of Adjustment, in considering an application for a variance, shall give due consideration to the following:
(1) The citing of other non-conforming or conforming uses of land or structures in the same or other districts, shall not be considered grounds for the granting of a variance; and
(2) The request for a variance for a particular use expressly, or by inference, prohibited in the district involved, shall not be approved. Certain temporary uses, however, are allowed per § 155.062 of this chapter.
(C) The Board of Adjustment may only approve a variance or make a recommendation on a major variance involving land located in a Water Supply Watershed District after having first held a public hearing on the matter and having made the following determinations:
(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter;
(2) The variance is in harmony with the general purpose and intent of this chapter and preserves its spirit;
(3) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done; and
(4) The reasons set forth in the application justify the granting of a variance and that the variance is a minimum one that will make possible the reasonable use of land or structures.
(D) The Board of Adjustment, in approving all variances, (except major variances involving land located in the Water Supply Watershed District which are subject to the Environmental Management Commission approval), may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which a variance is approved, shall be deemed a violation of this chapter and shall be punishable as prescribed in § 10.99 of this code of ordinances.
(E) The Board of Adjustment, in making recommendations regarding major variance applications, may recommend fair and reasonable conditions and safeguards in conformity with this chapter, conditions may also be attached to any major variance by the Environmental Management Commission as part of their approval process. Violations of any conditions or safeguards prescribed by the Environmental Management Commission, and made a part of the terms under which the major variance was approved, shall be deemed a violation of this chapter and shall be punishable as prescribed in § 10.99 of this code of ordinances.
(F) Unless otherwise authorized by the Board of Adjustment or the Environmental Management Commission and included in its decision to approve a variance, any order of the Board of Adjustment or the Environmental Management Commission in approving a variance shall expire, if a building permit or certificate of occupancy (for a use for which a building permit is not required) has not been obtained within one year from the date of its decision.
(Ord. passed - -, § 12.7)