(A) The Board of Zoning Adjustment may authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land or would create an unnecessary hardship.
(B) A variance from the terms of this chapter shall not be granted by the Board of Zoning Adjustment unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Adjustment containing:
(1) Name, address and phone number of applicants;
(2) Legal authorized signature of property owner;
(3) Legal description of property;
(4) Description of nature of variance requested; and
(5) A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) 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;
(b) That a 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;
(c) That special conditions and circumstances do not result from the actions of the applicant; and
(d) That granting the variance requested will not confer on the applicant any special privilege that negatively impacts other land structures or buildings in the immediate vicinity.
(C) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by division (B)(5) above have been met by the applicant.
(Ord. 11-85, passed 12-3-1985; Ord. 10-2006, passed 3-23-2006)