(A) The Board shall authorize upon appeal in specific cases such variance from only the terms of dimensions and setbacks as specified in this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter would result in undue hardship or practical difficulty.
(B) A variance from the terms of this chapter shall not be granted by the Board of Adjustments unless and until a written application for a variance is submitted, along with applicable fees, demonstrating all of the following to be true:
(1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zone;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the actions of the applicant taken after adoption of this chapter or previous applicable zoning codes; and
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same zoning district and will not be detrimental to any neighboring premises.
(C) Notice of public hearing shall be given in accordance with the appropriate provision(s) above.
(D) The public hearing shall be held. Any party may appear in person or by an agent or attorney.
(E) The Board of Adjustments shall make findings that the requirements of KRS 100.243 have been met by the applicant for a variance.
(F) The Board of Adjustments shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(G) The Board of Adjustments shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, as well as with the general purpose and intent of the Comprehensive Plan and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(H) In granting any variance, the Board of Adjustments may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under this chapter.
(I) No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(J) Under no circumstances shall the Board of Adjustments grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.
(K) A non-conforming use shall not be extended or enlarged in any way by a variance or any other action of the Board of Adjustments.
(Ord. 2003-06, passed 3-3-03)