(A) In order for a use variance to issue, an applicant must demonstrate that unnecessary hardship exists. An unnecessary hardship exists where the hardship is unique to a particular property, and where the uses permitted by the zoning ordinance are not economically feasible. A demonstration that the property could be put to a more profitable use, standing alone, is insufficient to establish unnecessary hardship. Moreover, a person who purchases land with knowledge of the zoning restrictions is said to have created his or her own hardship and is not entitled to a use variance to relieve such a condition. This is commonly referred to as the “self-created” or “self-imposed” hardship rule.
(B) Generally, a person who knowingly acquires property intending to use it in a manner prohibited by the existing zoning regulations may not thereafter obtain a use variance based upon unnecessary hardship. The self-created hardship rule has been applied most frequently to persons who acquired land for a purpose outlawed by the zoning regulations. Verbalized in these terms, the self-imposed hardship rule militates only against those who acquire property intending to use the land for a prohibited purpose, speculating that the use variance would be available or might be obtained through affirmative efforts. By the same token, this approach spares the person who purchased with knowledge of the restrictions and conformed his or her use, but because of changed conditions on adjacent properties, suffers hardship independent of, and without regard to, any self-inflicted conditions.
(Ord. 2008-13, passed 11-3-2008)