(A) Purpose. The Board, after public hearings, may vary the regulations of this chapter in harmony with their general purpose and intent, where the Board makes findings of fact in accordance with the standards hereinafter pre-described and further, findings that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter. However, the Board shall not grant a variance for a use not permitted in the district.
(B) Applications for variances and notice of hearing. An application for a variance shall be filed in writing with the Zoning Enforcement Officer. The application shall contain such information as the Board may require. Notice of the time and place of public hearing shall be published as required by state law, as amended.
(C) Standards for variances. The Board shall not vary the regulations of this chapter except upon a determination and finding, based only on the evidence and testimony presented in public hearing before the Board, that:
(1) The grant will not be injurious to the public health, safety and general welfare;
(2) The use or value of the area adjacent to the property included in the variance will not be adversely affected;
(3) The need for the variance arises from some condition peculiar to the property involved and does not exist in similar property in the same zone; and
(4) The strict application of the terms of this chapter will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought.
(D) Conditions. The Board may impose such conditions and restrictions upon the premises as may be necessary or desirable to comply with the above standards.
(Ord. passed 9-1-2006) Penalty, see § 154.999