(A) The Board of Appeals may authorize, upon an appeal, a variance from the strict applications of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape or contours of a specified tract of land at the time of enactment of this chapter, or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon, the owner of such property. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a conditional use permit is required.
(B) A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
(1) A written application for a variance is submitted demonstrating the following.
(a) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings that are in the same district.
(b) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.
(c) The special conditions and circumstances do not result from the actions of the applicant.
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(e) No nonconforming use of neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance.
(2) The Board of Appeals shall determine that the requirements of this chapter have been met by the applicant for a variance;
(3) The Board of Appeals shall determine that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure;
(4) The Board of Appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
(5) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter;
(6) Each variance granted under the provisions of this chapter shall become null and void unless:
(a) The construction authorized by such variance or permit has been commenced within 180 days after the granting of such variance and pursued diligently to completion; or
(b) The occupancy of land or buildings authorized by such variance has taken place within 180 days after the granting of such variance.
(7) No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the Board of Appeals to be valid.
(Ord. passed 6-18-1991, § 7.3)
Penalty, see § 154.999