(A) The Board shall have the power to hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness or unusual shape of a site on the date of adoption or amendment of this chapter or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of this zoning regulation would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
(B) Before any variance is granted, the Board must find all of the following which shall be recorded along with any imposed conditions or restrictions in minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance:
(1) The specific conditions in detail which are unique to the applicant’s land and do not exist on other land in the same zone;
(2) The manner in which the strict application of the provisions of this zoning regulation would deprive the applicant of a reasonable use of land in the manner equivalent to the use permitted over landowners in the same zone;
(3) The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption or amendment of this chapter;
(4) Reasons that the variance will preserve, not harm the public safety and welfare, and will not alter the essential character of the neighborhood and, if within a floodplain zone would not increase the flood heights; and
(5) For dimensional variances of lowest floor elevations (including basement) from the regulatory flood elevation in a flood fringe district only: the property on which the structure is to be located is an isolated lot of one-half acre or less, contiguous to and surrounded by existing structures constructed below such required first floor elevation or a structure listed on the National Register of Historic Places is to be restored or reconstructed.
(C) A dimensional variance applied to the property for which it is granted and not the individual who applied for it. A variance also runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.
(Ord. 8, passed 10-23-1987, § 14.05)