(A) (1) Use variances shall be prohibited. The ZBA shall have authority in specific cases to authorize one or more dimensional or non-use variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured and substantial justice done.
(2) A dimensional or non-use variance allows a deviation from the dimensional (for example, height, bulk, setback) requirements of the chapter.
(B) The ZBA may grant a requested dimensional or non-use variance only upon a finding that practical difficulties exist. A FINDING OF PRACTICAL DIFFICULTIES is when the applicant has demonstrated all of the following.
(1) Strict compliance with restrictions governing area, setback, frontage, height, bulk, density or other non-use matters will unreasonably prevent the owner from using the property for a permitted purpose or will render chapter conformity unnecessarily burdensome.
(2) The variance will do substantial justice to the applicant, as well as to other property owners.
(3) The variance requested is the minimum variance needed to provide substantial relief to the applicant and/or be consistent with justice to other property owners.
(4) The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district, and cannot be solely economic in nature.
(5) The problem and resulting need for the variance has been created by strict compliance with the chapter, not by the applicant or the applicant’s predecessors.
(Ord. 160, passed 4-21-2022)