(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VARIANCE FROM DEVELOPMENT STANDARDS or AREA VARIANCE. A variance which authorizes deviations from restrictions upon construction and placement of buildings and structures, or a variance that involves matters such as setback lines, frontage requirements, height limita- tions, lot size restrictions, density regulations, and yard requirements.
VARIANCE OF USE or USE VARIANCE. A variance which authorizes a use of land other than permitted in a particular district by ordinance, or a variance that changes the character of the zoned district by permitting an otherwise prohibited use. An AREA VARIANCE is one which does not involve a use which is prohibited by this chapter, whereas a USE VARIANCE is one which permits the use of land which is prescribed.
(B) Variance of use or use herein shall be characterized as a variance which authorizes a use of land other than permitted in a particular district by ordinance or a variance that changes the character of the zoned district by permitting an otherwise prohibited use. Use variances if granted are personal in nature and do not run with the land.
(C) In the case of a variance of use:
(1) The burden of proof of unnecessary hardship rests with the applicant;
(2) Unnecessary hardship cannot be claimed in terms of economic opportunity or loss;
(3) A claim of unnecessary hardship cannot be based upon self-created conditions;
(4) One who purchases property with knowledge of use restrictions thereon will not be permitted to claim unnecessary hardship; and
(5) The determination of the existence of unnecessary hardship which would constitute cause for granting a use variance is governed by all relevant factors which, when taken together, indicate that the property in question cannot be reasonably put to a conforming use because of limitations imposed upon it by ordinance, and it must also be shown that the property cannot yield a reasonable return if used only for the zoned purpose.
(`88 Code, § 8-18) (Ord. 98-20, passed 11-10-98; Am. Ord. 2005-11, passed 9-6-05)