§ 156.019 VARIANCES.
   In addition to the general powers provided in § 156.017, the Board of Zoning Appeals may, in specific cases after public notice and hearing, authorize by permit, a variation of the application of the height, area or other dimensional regulations established in this subchapter, provided that the variation is in harmony with the general purpose and intent of the regulations, as follows.
   (A)   A temporary building for commerce or industry, in a Residence District, which is incidental to the residential development, such permit to be issued for a period not to exceed one year.
   (B)   The erection and use of a building, or an addition to an existing building of a public service corporation or for public utility purposes, in any location, to a greater height or larger area than the district requirements established in this subchapter, which the Board shall find reasonably necessary for the public convenience.
   (C)   A building or use in an Industrial District otherwise excluded from such district, provided that such building or use is distinctly incidental and essential to a use permitted in an Industrial District, and provided, further, that not more than 25% of the employees of the entire plant are engaged therein.
   (D)   If there are practical difficulties in carrying out the strict letter of the zoning ordinance, the Board may grant a variance relating to the construction, structural changes or alteration of buildings or structures as to dimensional requirements or other standards, provided that the spirit of the zoning ordinance is observed, public safety secured, and substantial justice done.
   (E)   In ruling upon any request for a variance, the procedures outlined in § 156.018 for appeals shall be applied.
   (F)   In ruling upon any request for a variance, the Zoning Board of Appeals shall apply the standards set forth in §§ 156.065 and 156.066 for the evaluation of special uses. No variance shall be granted if any portion of the considerations in §§ 156.065 and 156.066 would be violated.
(Prior Code, § 1264.05) (Ord. passed 11-12-2009)