A variance from the provisions of this chapter may be authorized by the Planning Board, provided that all of the following criteria are met:
(A) Unnecessary hardship would result from the strict application of this chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(B) 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;
(C) The hardship did not result from actions taken by the applicant or 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; and
(D) The requested variance is consistent with the spirit, purpose, and intent of this chapter, such that public safety is secured and substantial justice is achieved.
(Ord. passed 11-5-2018)