(A) Purpose. The Zoning Board of Appeals after a public hearing may approve a variance, only in the specific instances hereinafter set forth, where the Board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(B) Standards for variances.
(1) The Zoning Board of Appeals shall not vary the regulations of this chapter, as authorized in division (A) hereof, unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) Because of the physical surroundings, shape, or topographical conditions of the specific property involved, a hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulation were carried out;
(b) The conditions upon which the petition for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning district;
(c) The purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(d) The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property;
(e) The granting of the variance will not be significantly detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located; and
(f) 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 within the neighborhood.
(2) The Zoning Board of Appeals may approve any conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this division (B) to reduce or minimize the effect of the variance upon other property in the neighborhood and to better carry out the general intent of this chapter.
(C) Authorized variances. Variances shall be approved by the Zoning Board of Appeals only in accordance with the standards established in division (B) above, and may be considered in the following instances:
(1) To permit any yard or setback less than the yard or setback required by the applicable regulations;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of the facility by each user does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space or 20% of the applicable regulations, whichever number is greater;
(5) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served; and
(6) To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.
(D) Effect of denial. No application for variation which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of the order of denial except on grounds of changed conditions.
(Ord. O-95-2-12, passed 2-9-2012)