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(1) The Board of Adjustment may vary certain requirements of this chapter that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter, will, in an individual case, result in practical difficulty or unnecessary hardship. The Board of Adjustment shall ensure that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(2) The existence of a nonconforming use of neighboring land, building, or structure in the same district, or of permitted or nonconforming uses in other districts, shall not constitute a reason for the requested variance.
(B) Application requirements. An application for a variance shall be submitted in accordance with § 155.702(C).
(C) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(D) Burden of proof. The applicant seeking the variance shall have the burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth below as well as the burden of persuasion on those issues.
(E) Action by Planning Director. The Planning Director shall provide the Board of Adjustment with a copy of the application and all relevant materials pertaining to the request.
(F) Action by Board of Adjustment.
(a) The Board of Adjustment may approve the request, deny the request, or continue the request. A concurring vote of four-fifths of the Board is necessary to grant a variance.
(b) Each decision shall be accompanied by a finding of fact that specifies the reason for the decision.
(c) In approving the variance, the Board of Adjustment may prescribe reasonable and appropriate conditions which will ensure that the use will be compatible with adjacent properties and will not alter the character of the neighborhood.
(d) Conditions may be imposed by the Board of Adjustment regarding the location, character, and other features of the proposed building or use as may be deemed by the Board of Adjustment to protect property values and general welfare of the neighborhood. Nonconformance with such conditions and safeguards, when part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(2) Findings of fact. No variance shall be approved by the Board of Adjustment unless all of the following findings are made:
(a) Unnecessary hardship would result from the strict application of the ordinance. 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 ordinance, such that public safety is secured, and substantial justice is achieved.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-04, passed 12-2-13)