(A) The purpose of a variance is to provide relief when a strict application of this chapter would impose practical difficulties or unnecessary hardships on the applicant.
(B) Owners of approved lots of record at the time of this regulation shall be given every assistance and consideration to overcome problems in the application and construction of personal single-family dwellings.
(1) Standards. A variance from the requirements of this chapter may be granted by the Zoning Board of Adjustment if it finds the following:
(a) Strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance;
(b) The variance is in harmony with the general purpose and intent of the Ordinance and preserve its spirit; and
(c) In the granting of the variance the public safety and welfare have been secured and substantial justice has been done.
(2) Considerations. These findings shall be based on the following considerations.
(a) The fact that the property could be utilized more profitably or conveniently with the variance than without the variance shall not be considered as grounds for granting the variance.
(b) The hardship relates to the applicant's property rather than to personal circumstances.
(c) The hardship results from the application of the ordinance and from no other cause, including the actions of the owner of the property or previous owners.
(d) The hardship is peculiar to the property in question rather than a hardship shared by the neighborhood or the general public.
(3) Conditions. Reasonable conditions may be imposed in connection with a variance as deemed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this chapter. Guarantees and evidence may be required that the conditions will be and are being complied with.
(Ord. passed - -2008)