(A) Upon appeal from a decision by the Zoning Administrator, the Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict applications would result in practical difficulty and unnecessary hardship depriving the owner of the reasonable use of land or building involved, but in no other case.
(B) In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
(C) No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the following requirements and standards are satisfied. The appellant must show that the variance will not be contrary to the public interest and that practical difficulty and an unnecessary hardship will result if it is not granted. In particular, the appellant shall establish and substantiate his appeal to show that the appeal for the variance is in conformance with the requirements and standards listed below:
(1) That the granting of the variance shall be in harmony with the general purpose and intent of this chapter, shall not be injurious to or alter the character of the neighborhood, will not impair adequate light and air to the adjacent property and will not impair views from the adjacent property, or otherwise be detrimental to the public welfare.
(2) That the granting of the variance will not permit the establishment within a district of any use that is not permitted in that district.
(3) That special circumstances or conditions, fully described in the findings, apply to the land or buildings for which the variance is sought, which circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building or create unnecessary hardship. If the hardship is general, that is, shared generally by the land or buildings in the neighborhood, relief shall be properly obtained only by legislative action or by court review of an attack on the validity of this chapter.
(4) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
It shall not be considered sufficient proof of hardship to show that greater profit would result if the variance were awarded. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without the knowledge of restrictions; it must result from the application of the chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
(5) In the case of applications for variances involving lots that qualify under the provisions of § 157.042 (Exceptions to Minimum Lot Sizes), the Board shall give specific consideration to whether the variance would establish a structure that is proportional in size, height, bulk and character to structures within the general neighborhood.
(D) The Board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulation or provision to which the variance applies.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Res. 2006-14, passed 10-3-2006; Am. Res. 2010-7, passed 5-25-2010; Am. Res. 2021-10, passed 10-19-2021)