(A) The Zoning Board of Appeals shall not grant any zoning variance unless, based upon the evidence presented to them, they determine that:
(1) The applicant acquired his property in good faith and where by reason of exceptional narrowness, shallowness or shape of his specific piece of property at the time of the effective date of this code, or where by reasons of exceptional topographical conditions or other extraordinary circumstances, that the strict application of the terms of the zoning regulations actually prohibit the use of this property in the manner similar to that of other property in the zoning district where it is located;
(2) The proposed variance is consistent with the general purpose of § 156.140;
(3) Strict application of this chapter of which the variance is requested would constitute unnecessary hardship upon the property owner represented in the application;
(4) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship and allow a reasonable return on the property;
(5) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or applicant;
(6) The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning);
(7) The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this city’s comprehensive plan.
(B) In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
(Ord. 2013-22, passed 11-25-2013)