A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
(A) A written application for a variance is submitted, demonstrating that:
(1) 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) 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; and
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.
(B) No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance;
(C) The Board of Appeals shall make findings that the requirements of this chapter have been met by the applicant for a variance;
(D) The Board of Appeals shall further make a finding 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;
(E) The Board of Appeals shall further make a finding 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;
(F) In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 152.392;
(G) Under no circumstances shall the Board of Appeals grant a variance to allow a use not permitted under the terms of this chapter in the district; and
(H) The Zoning Board of Appeals when considering a variance must provide notice of the consideration to all residences within 300 feet and provide notice in a newspaper of general circulation 15 days in advance of the variance consideration.
(Prior Code, § 743.07) (Ord. 06-02, passed 7-17-2006)