(A) Variances to the Zoning Regulations may be granted by the Board of Adjustment, where, by reason of exception, narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation under this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantially impairing the intent and purpose of this chapter.
(B) A variance shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted, indicating the section of this chapter under which the variance is sought and stating the grounds on which it is requested;
(2) Property owners adjacent to the proposed site shall be notified of the variance request by mail, at the expense of the applicant;
(3) Notice of hearing shall be published once, ten days prior to the Board of Adjustment public hearing, in a paper of general circulation in the area affected;
(4) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(5) The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the variance, and that the granting of the variance will not adversely affect the public interest. A variance from the terms of this chapter shall only be granted if all of the following are demonstrated by the applicant that:
(a) Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other land, structures, or buildings in the same district;
(b) 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;
(c) The special conditions and circumstance do not result from the actions of the applicant;
(d) Financial disadvantage of the property owner is not being used to constitute conclusive proof of unnecessary hardship within the purposes of zoning;
(e) Granting the variance request will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district; and
(f) 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.
(6) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations 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 §§ 154.005 and 154.999
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(7) Under no circumstances shall the Board of Adjustment 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.
(8) The concurring vote of five members of the Board of Adjustment is required to pass any application for variance.
(9) If no work has commenced, unless otherwise specified by the Board of Adjustment, a variance shall expire two years from the date upon which the variance becomes effective or two years following completion of any final appeal of the decision of the Board of Adjustment to issue the variance.
(Ord. 842, passed 3-14-2022) Penalty, see § 154.999