The Zoning Board of Adjustment, after reviewing the recommendation of the Planning Board and after holding a quasi- judicial hearing, may authorize a variance from these regulations when, in its opinion, unnecessary hardships may result from strict compliance and only to the extent that is absolutely necessary and not to an extent which would violate the intent of this chapter. In granting any variance, the Zoning Board of Adjustment shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the possible effect of the proposed subdivision upon traffic conditions in the vicinity. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose application or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing and to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing. In the absence of evidence to the contrary, the local government may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least ten days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the Subdivision Administrator shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement. No variance shall be granted unless the Zoning Board of Adjustment finds all of the following conditions to exist:
(A) Unnecessary hardship would result from the strict application of the 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 the 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.
(D) The requested variance is consistent with the spirit, purpose, and intent of the chapter, such that public safety is secured, and substantial justice is achieved.
(Ord. passed 9-8-83; Am. Res. passed 4-8-10; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)