(a) Authorization Upon Application or Appeal.
(1) Use variances. Upon appeal for specific cases, the Board of Zoning Appeals, or the Planning Commission in Planned Unit Development districts, may authorize a use variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. A use variance is defined as a variance that authorizes uses not expressly or impliedly permitted by the Zoning Code.
(2) Area variances. The Board of Zoning Appeals, or the Planning Commission in Planned Unit Development districts, may authorize an area variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in practical difficulties.
(3) No nonconforming use of neighboring lands and/or structures in the same district, and no permitted or nonconforming use of lands and/or structures in other districts, shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only in accordance with the applicable standard set forth in this section.
(b) Application and Standards. Except as otherwise permitted in this Zoning Code, no variance from the strict application of the provisions of this Zoning Code shall be granted by the Board of Zoning Appeals unless the Board or Commission shall find that the written application for the requested variance contains all of the following requirements:
(1) The name, address and telephone number of the applicant;
(2) A legal description of the property;
(3) A description of the nature of the variance requested;
(4) A fee, as provided in or pursuant to this Zoning Code; and
(5) Narrative statements establishing and substantiating that the requested variance conforms to the following standards:
A. The granting of the variance shall be in accordance with the general purpose and intent of the regulations imposed by this Zoning Code for the district in which it is located and shall not be injurious to the area or otherwise detrimental to the public health, safety and general welfare.
B. The granting of the variance will not permit the establishment of any use that is not otherwise permitted in the district.
C. A description shall be given of the special circumstances or conditions applicable to the lot and/or structure for which the variance is sought, which are peculiar to such lot and/or structure and do not apply generally to a lot and/or structure in the area, and which are such that the strict application of the provisions of this Zoning Code would deprive the applicant of the reasonable use of such lot and/or structure. Mere loss in value shall not justify a variance; there must be deprivation of reasonable use of land.
D. In the case of a use variance, there must be proof of unnecessary hardship created by the strict application of this Zoning Code. It is not sufficient proof of hardship to show that greater profit would result if the use variance were granted. Furthermore, the hardship complained of cannot be self-created, nor can it be established that a hardship exists because the lot and/or structure was purchased with or without knowledge of the restrictions contained in this Zoning Code. The hardship must result from the application of this Zoning Code, it must be suffered directly by the property in question, and evidence of use variances granted under similar circumstances need not be considered.
E. In the case of an area variance, there must be proof of practical difficulties created by the strict application of this Zoning Code. The factors to be weighed include, but are not limited to:
1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
2. Whether the variance is substantial;
3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
4. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
5. Whether the property owner purchased the property with knowledge of the zoning restriction;
6. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
7. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
F. The granting of the variance is necessary for the reasonable use of the land and/or structure that will accomplish this purpose.
G. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values of the adjacent area.
H. The granting of the variance requested will not confer on the applicant any special privilege that is denied, because of the provisions of this Zoning Code, to other lots and/or structures in the same district.
(6) A list of owners of property and their mailing addresses whose property has any lot line located immediately adjacent to or across the street from any property line of the subject property, and any other persons, as determined by the Zoning Administrator, who may have substantial interest in the case.
(c) Additional Conditions and Safeguards; Violations. The Board or Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a violation of this Zoning Code.
(Ord. 186-91. Passed 10-15-92; Ord. 152-99. Passed 7-1-99; Ord. 160-11. Passed 9-1-11; Ord. 170-11. Passed 10-6-11.)