(a) The Board may only grant a variance if it finds the following:
(1) That special circumstances exist which are unique to the land or structure on which the variance is requested and which are not generally applicable to other land or structures in the same Zoning District;
(2) That literal application of the standards in this Code would deprive the owner of the rights afforded other property owners in the same Zoning District and deprive the owner of a reasonable use of his property;
(3) That the special conditions and circumstances have not been created as a result of actions by the owner;
(4) That the granting of the variance requested will not give the owner special privileges denied other lands or structures in the same Zoning District;
(5) That the variance requested is the minimum necessary for the reasonable uses of the land or structure to overcome any existing special conditions or circumstances; and
(6) That upon the granting of the variance that the use of the property will continue to be in harmony with the general purposes and intent of this Code and with the Zoning District and will not be injurious to the neighborhood or detrimental to the public health, safety, and general welfare.
(b) Additional Standards for Use Variances. The Board shall not consider or grant a Use Variance when the use is otherwise prohibited in the Zoning District in which the property is located. In such cases, the applicant may submit a Rezoning Application pursuant to Section 1147.03. The Board may only grant a Use Variance if:
(1) The literal enforcement of the provisions of this Code pertaining to the use of the property would cause the applicant practical difficulties.
(2) The variance would not be detrimental to the public health, safety, and general welfare or injurious to the property or improvements in the neighborhood in which the property is located
(c) Additional Standards for Size and Area Variances. Where the applicant seeks a variance pertaining to an area requirement otherwise applicable to the property, no variance may be granted unless the applicant has demonstrated that literal enforcement of the provisions of this Code pertaining to size and are requirements would cause the applicant practical difficulties. The factors to be considered and weighed in determining whether an applicant seeking an area variance has encountered practical difficulties in the proposed use of his property include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage);
(5) Whether the applicant purchased the property with the knowledge of the zoning restrictions;
(6) Whether the applicant's predicament feasibly can be obviated through some method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(d) Conditions. If the Board approves a variance the Board may further prescribe any conditions and safeguards that it deems necessary to insure that the objectives of the provisions to which the variance applies will be met and completed.
(e) Effect of a Variance.
(1) The issuance of a variance shall authorize only the particular variation that is approved in the variance.
(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership, unless otherwise specified.
(Ord. 2017-7-15. Passed 9-12-17.)