§ 152.076  VARIANCES.
   (A)   A variance is a means whereby the town may grant relief from the effect of this chapter in cases of hardship.  A variance constitutes permission to depart from the literal requirements of this chapter. A variance from the dimensional requirements of this chapter may be granted by the Board of Adjustment if it finds the following:
      (1)   Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
      (2)   The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
      (3)   The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with the knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self created hardship.
      (4)   The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured and substantial justice is achieved.
   (B)   The Board of Adjustment shall not have authority to grant a variance when to do so would (1) result in the extension of a nonconformity regulated pursuant to §§ 152.150 - 152.154, herein, or ( 2) permit a use of land, building or structure which is not permitted within the applicable zoning district classification. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(Ord. passed 10-1-07; Am. Ord. passed 2-3-14)