§ 153.039 GRANTING A VARIANCE.
   Before any variance is granted, the Board must find all of the following facts which 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:
   (A)   The specific conditions in detail, which are unique to the applicant’s land and do not exist on other land in the same zone;
   (B)   The manner in which 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;
   (C)   The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the zoning regulation;
   (D)   Reasons that the variance will preserve, not harm, the public safety and welfare and will not alter the essential character of the neighborhood; and
   (E)   A map of the proposed area shall be made available to the Board of Adjustments upon review of a variance. The map shall illustrate:
      (1)   A title block containing the name of the property owner and address of the property in question, the name of the plan preparer (if applicable), a north arrow and a written and graphic scale;
      (2)   The boundary of the subject property and the zoning and owner names of all adjoining property;
      (3)   Location, arrangement and approximate dimensions of existing and proposed driveways, walkways, parking areas and arrangement of spaces, dumpster pads, points of ingress and egress and other vehicular and pedestrian right-of-way;
      (4)   Location of any proposed or existing streets or deceleration lanes (when deemed necessary) within or abutting the subject property;
      (5)   Screening, landscaping, buffering, recreational and other opens spaces;
      (6)   Approximate size, location, height, floor area, area arrangement and use of proposed and existing buildings and signs;
      (7)   Storm drainage areas, floodplain, conceptual drainage controls and storm water retention and any other designated environmentally sensitive or geologic hazard areas;
      (8)   Proposed and existing easements for utilities or other purposes, locations of sanitary sewers including lengths and alignments of laterals; and
      (9)   Areas of substantial existing trees including those located along fence rows and drainage areas.
(Ord. 20.920-1, passed 3- -2020)