(A) The City Council, acting as the Board of Adjustments and Appeals, may not permit, as a variance, any use that is not permitted under this chapter for property in the zone where the affected person’s land is located.
(B) A variance may be granted only when there exists a non-economic hardship in the reasonable use of a specific parcel of property. A non-economic hardship shall exist by reasons of one, or any, of the following:
(1) Narrowness, shallowness, or shape of a specific parcel of property or a lot existing, and of record, upon the effective date of this chapter;
(2) Exceptional topographic or water conditions of a specific parcel of land or lot;
(3) The property cannot be put to reasonable use if used under the conditions allowed by this chapter;
(4) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(5) Granting the variance will not alter the essential character of the locality.
(a) Economic considerations alone do not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter.
(b) A variance may be granted for in divisions (B)(1) through (B)(4) above when the strict application of the provisions of this chapter would result in exceptional difficulties in developing the property in a legally permissible manner. The Board of Adjustment and Appeals may impose conditions in granting the variance to ensure compliance to protect adjacent properties.
(Ord. 199, passed 2-7-2000)