(A) When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be 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 shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
(B) No change in permitted uses may be authorized by variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this section.
(1) Application for a variance may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for a variance as is authorized by the easement. Approval of a variance runs with the land.
(2) All applications for variances shall be addressed and submitted to the Board of Adjustment and shall be delivered to the office of the Zoning Administrator. Upon receipt of an application for a variance, the Board of Adjustment shall call a public hearing and give notice as specified by § 153.100(B) required by law. Applications for a variance shall be made on the proper form obtainable from the Zoning Administrator. Some application requirements may be waived, such as for changes of use in existing buildings involving no expansions in building or parking areas, and the like.
(3) The Board shall not grant a variance if it finds that doing so would alter the essential character of the neighborhood, materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health or general welfare.
(4) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(5) The Board of Adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(6) A variance issued in accordance with this section shall expire if a zoning certificate or certificate of compliance for such use is not obtained by the applicant within six months from the date of the decision.
(Ord. passed 6-2-2014; Am. Ord. passed 6-7-2021)