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(A) The Board of Zoning Adjustment shall have the power to hear and decide on applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.
(B) Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety, or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the Board shall consider whether:
(1) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;
(2) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and
(3) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.
(C) The Board shall deny any request for a variance arising from circumstances that are the result of wilful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.
(D) A variance applies to the property for which it is granted, and not to the individual who applied for it. A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.
(E) Public notice and notice to adjoining property owners shall be given in the same manner as that required in § 157.104 for conditional use applications.
(Ord. 920.1, passed - - )