(A) The Board shall hear and authorize upon appeal in specific cases a variance from the development standards (such as building height, setback lines or lot area and the like) in accordance with the criteria established in division (B) below. Use variances are not permitted.
(B) A variance from the terms of this chapter shall not be granted by the Board unless and until:
(1) An application for variance is submitted indicating the specific type of development standard and noting the specific terms of this chapter from which the variance is sought, and demonstrating:
(a) The approval will not be injurious to the public health, safety and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; and
(d) The variance granted is the minimum necessary and does not correct a hardship caused by an owner, previous or present, of the property.
(2) All conditions and commitments as deemed necessary in the public interest may be required by the Board.
(C) Notice shall be given to interested parties and the hearing conducted in accordance with the Board's rules of procedure.
(D) The Board shall make written findings of fact that all of the requirements of division (B)(1) above have been met by the applicant for a variance.
(E) The Board shall make written findings of fact that the granting of the variance will be in harmony with the general spirit, purpose and intent of this chapter, and in the interest of determining substantial justice done.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)