(A) Variance defined. A VARIANCE is a modification of the literal provisions of this zoning code granted when strict enforcement of the code would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
(1) The crucial points of variance are:
(a) Undue hardship, and
(b) Unique circumstances applying to the property.
(2) A variance is not justified unless both elements are present in the case.
(B) Applying standards. The Zoning Appeals Board shall be permitted to grant variances as above defined in specific cases whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive an owner of the reasonable use of the land or building involved. In review of a variance request, nonconformities on adjacent lands in the same district may be considered when evaluating applications regarding structures or buildings. Such instances may be considered grounds for the issuance of a variance.
(C) Public notice of meeting. Notice of applications for variance shall be provided to all abutting property owners and published in a newspaper of general circulation at least 14 days prior to the date of the meeting at which the variance request will be considered. A second notice is required to be published at least seven days prior to the same meeting. Holidays or other occasions that affect the notification schedule will be noted on the annual application deadline schedule presented at the beginning of each calendar year.
(Ord. O-2019-24, passed 9-9-2019)