The following standards shall apply when the Board of Appeals considers a request for a variance from the standards of this section.
(A) The granting of a variance shall not be considered until a temporary access permit under § 155.369 has been considered and rejected.
(B) Applicants for a variance must provide proof of practical difficulties unique to the parcel (such as wetlands, steep slopes, an odd parcel shape or narrow frontage or location relative to other buildings, driveways or an intersection or interchange) that make strict application of the provisions of this chapter impractical. This shall include proof that:
(1) Indirect or restricted access cannot be obtained;
(2) No reasonable engineering or construction solution can be applied to mitigate the condition;
(3) No reasonable alternative access is available from a road with a lower functional classification than the primary road; and
(4) Without the variance, there is no reasonable access to the site.
(C) The Board of Appeals shall make a finding that the applicant for a variance met his, her or their burden of proof under division (B)(2) above, that a variance is consistent with the intent and purpose of this chapter, and is the minimum necessary to provide reasonable access.
(D) Under no circumstances shall a variance be granted unless not granting the variance would deny reasonable access, endanger public health, welfare or safety, or cause an unnecessary hardship on the applicant. No variance shall be granted where the hardship is self-created.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)