(A) The Board may authorize variances from the terms of the subchapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter will, in an individual case, result in unnecessary hardship, so that the spirit of the subchapter shall be observed, public safety secured, and substantial justice done.
(B) In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this subchapter. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan. No change in permitted uses may be authorized by variance.
(C) The Board of Adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(D) Zoning and subdivision requirements. Any ordinance that regulates land use or development may provide for variance consistent with the provisions of this subchapter. These requirements shall apply to all regulations in the following areas:
(1) Zoning;
(2) Subdivision;
(3) Watershed; and
(D) Floodplain.
(E) The Board of Adjustment shall make the findings required below, taking into account the nature of the proposed request, the existing use of land in the vicinity and the probable effect of the proposed request upon traffic conditions in the vicinity, if applicable. No variance shall be granted unless the Board of Adjustment finds all of the following in the affirmative:
(1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this subchapter would cause an unnecessary hardship;
(2) That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this subchapter;
(3) That the hardship suffered is not a result of the applicants or property owners own actions; and
(4) That the granting of the variance will be consistent with the spirit, purpose, and intent of the subchapter, such that the public safety is secured and substantial justice is achieved.
(Ord. passed 6-1-2015)