(A) The Advisory Board may grant a variance from the development standards of this chapter, such as height, bulk or area, if, after a public hearing, it makes a finding of fact in writing that:
(1) The Advisory Plan Commission has determined that the variance application is not for a use variance, that is, a variance from a use district or classification per § 156.130(E) of this chapter;
(2) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(3) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(4) The strict application of the terms of this chapter is being applied to some condition peculiar to the property involved that is not common to other properties in the same zoning district and will result in an unusual and unnecessary hardship. This situation shall not be solely self-imposed, nor shall it be based on a perceived reduction of or restriction on economic gain.
(B) The Advisory Board may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance.
(C) A variance granted by the Advisory Board shall run with the land until such time as the use of the variance ends or the property conforms with the chapter as written.
(D) Where an owner has failed to comply with any condition or commitment permitted or required by the grant of variance, the Advisory Board may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this chapter, in the same manner as if the variance had not been granted.
(Ord. 2002-5, passed 7-2-2002)