(A) To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(B) A variance from the terms of this chapter shall not be granted by the Zoning Hearing Board unless and until:
(1) (a) A written application for a variance is submitted by a landowner, or a tenant with the landowner’s permission, demonstrating that:
1. There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional typographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
2. Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
3. Such unnecessary hardship has not been created by the applicant;
4. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
5. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations at issue.
(b) In granting any variance, the Board may attain such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(2) Notice of public hearing shall be given as in § 155.282(B)(2);
(3) The public hearing shall be held. Any party may appear in person, or by agent or by attorney;
(4) The Zoning Hearing Board shall make findings that the requirements of division (B)(1) above have been met by the applicant for a variance;
(5) The Zoning Hearing Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land, building or structure; and
(6) The Zoning Hearing Board shall further make a finding that the granting of a variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(C) In granting any variance, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 155.999.
(Prior Code, Ch. 27, § 27-1703) (Ord. 293, passed 4-20-1992, § 17.3) Penalty, see § 155.999