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The Board of Appeals shall have the power to authorize upon an appeal specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided that all of the basic conditions listed herein and any one of the special conditions listed thereafter can be satisfied.
(a) Basic Conditions. Any variance granted from this Zoning Code shall meet the following basic conditions:
(1) It will not be contrary to the public interest or to the intent and purpose of this Zoning Code.
(2) It shall not permit the establishment within a district of any use which is not permitted by right within that zone district, or any use or dimensional variance for which a conditional use permit or a temporary use permit is required.
(3) It will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.
(4) It is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.
(5) It will relate only to property that is under the control of the applicant.
(6) It does not result from a condition created by the applicant.
(7) It does not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
(b) Special Conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:
(1) There are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this Zoning Code. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.
(2) There are exceptional or extraordinary circumstances or physical conditions, such as narrowness, shallowness, shape or topography of the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this Zoning Code.
(3) Such variance is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(c) Rules for Granting. The following rules shall be applied in the granting of variances:
(1) The Board may specify, in writing, such conditions regarding the character, location and other features that will, in its judgment, secure the objectives and purposes of this Zoning Code. The breach of any such condition shall automatically invalidate the permit granted.
(2) Each variance granted under the provisions of this Zoning Code shall become null and void unless:
A. The construction authorized by such variance or permit has been commenced within six months after the granting of the variance.
B. The occupancy of land, premises or buildings authorized by the variance has taken place within one year after the granting of the variance.
(3) No application for a variance which has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
(Ord. 89. Passed 4-10-72.)