(A) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of this article, the Board of Adjustment shall have the power to vary or modify any of the regulations or provisions of this article relating to the use, construction or alteration of buildings or structures or the use of the land, except those specifically related to water supply watershed requirements, so the spirit of the article shall be observed, public safety and welfare secured and substantial justice done. For variances to the requirements of a water supply Watershed Overlay District, see § 8-3.9.8.
(B) Anyone requesting a variance shall file such with the Zoning Administrator on a form provided by the Zoning Administrator. Applications shall be filed at least ten days prior to the Board of Adjustment meeting at which it will be heard. After filing, the request shall be heard at the next available Board of Adjustment meeting.
(C) The Board of Adjustment, in considering an application for a variance, shall give due consideration to the following.
(1) No non-conforming use of land or structures in the same district and no permitted use of land or structures in other districts shall be considered grounds for the granting of a variance.
(2) The request for a variance for a use that is expressly or by inference, prohibited in the district involved shall not be granted.
(3) The fact that property may be utilized more profitably will not be considered in granting a variance.
(D) The Board of Adjustment, before granting a variance, shall make all of the following findings:
(1) Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved.
(E) The Board of Adjustment, in granting a variance, may prescribe appropriate conditions and safeguards in conformity with this article. Violation of the conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this article.
(2003 Code, § 8-3.9.6) (Updated 2009) (Amended 6-1-2021)