The Board of Adjustments may grant dimensional variances in accordance with the following requirements:
(A) Conditions which warrant a variance. The Board shall have the power to hear and decide applications for dimensional variance on a lot of record. A variance can be granted where, because of unusual shape, smallness of size or other extraordinary physical conditions, the property owner is deprived of a reasonable capacity to use the land in a manner equivalent to the use permitted other landowners in the same zone. The conditions which warrant a variance must have existed at the time this regulation was adopted.
(B) Variances which are Prohibited. The Board of Adjustment shall not possess the power to grant a variance to permit a use or alteration or extension of any land, building, or structure which is not permitted in the zoning district in question; to alter density requirements in the zone in question; or to permit a use not authorized by this chapter.
(C) Granting a Variance. Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning code. In making these findings, the Board shall consider whether:
(1) The specific conditions in detail which are unique to the applicant's land (such special circumstances do not generally apply to land in the general vicinity) and do not exist on other land in the same zone; and
(2) The strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone, or would create an unnecessary hardship on the applicant; and
(3) That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning code; and
(4) Reasons that the variances will preserve, not harm, the public safety and welfare, and will not alter the essential character of the neighborhood.
(D) Findings of Fact Required. Findings of fact relative to the above statements shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance.
(E) Conditions May be Imposed. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in the furtherance of the purposes of this chapter.
(Ord. 99-6, passed 7-19-99) Penalty, see § 153.999