(A) When practical difficulties or unnecessary hardships would result from carrying out the strict letter of this chapter, the Board of Zoning Appeals shall have the power to vary or modify any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of the land so the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(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 28 days prior to the board of zoning appeals meeting at which it will be heard. Posting and notification requirements for hearings are provide in § 153.048(C)(5). At the hearing, any party may appear in person or by agent or attorney.
(C) A variance may be granted if the Board makes and explains in a written order all of the following findings and conclusions:
(1) There are extraordinary and exceptional conditions pertaining to a particular piece of property;
(2) These conditions do not generally apply to other property in the vicinity or in that district;
(3) Because of these conditions, the application of the chapter to a particular piece of property would effectively prohibit or unreasonably restrict use of the property;
(4) The authorization of the variance will not be a substantial detriment to adjacent property or to public good, and the character of the district will not be harmed by the granting of the variance; and
(5) The effect of the variance would not allow the establishment of a use not otherwise permitted in the zoning district; would not extend physically a nonconforming use of the land; would not change the zoning district boundaries shown on the official zoning map.
(D) The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance.
(E) In granting a variance, the Board may attach to it the conditions regarding the location, character, or other features of the proposed building, structure or use as the Board may consider advisable to protect establish property values in the surrounding area, or to promote the public health, safety, or general welfare.
(F) Failure to begin or complete an action for which a variance is granted within the time limit specified as a condition of the variance shall void the variance.
(Ord. 06-11-16, passed 9-21-2016)