(A) The Zoning Board may permit variations in specific cases where practical difficulties or particular hardships occur. The Board shall do so only where the granting of such a variation would be in harmony with the general purpose and intent of this chapter. The Board may grant variations in the following instances only, and in no others:
(1) To permit any yard, court, setback or line to be of less dimension than required by the applicable regulations;
(2) To permit any structure to exceed the height limitations imposed by the applicable regulations;
(3) To permit a reduction in the number of street parking spaces in connection with a particular use;
(4) To permit a reduction in the minimum ground floor area requirement for single-family residences.
(B) No variations shall be granted by the Zoning Board except after a public hearing is conducted as provided in § 153.109.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering the practical difficulties or particular hardship:
(1) That 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 in the same district;
(2) That the land, structure or building involved cannot reasonably be developed or used in accordance with the requirements of the district in which it is located;
(3) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(4) That the special condition and circumstances do not result from the actions of the applicant;
(5) That granting the variation requested will not give the applicant of the property in question privileges not generally held by other property owners or occupants in the same vicinity and district;
(6) That the granting of the variation will be in harmony with the purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(Ord. 443, passed 5-19-86)