(A) A person desiring a variance from the requirements of this section must file a petition with the Board of Zoning Appeals describing the property that is the subject of variance, the type of variance required, the facts pertinent to the variance desired, and a site plan as defined in § 157.039(E).
(B) Following notice to adjoining property owners and the public hearing on the variance, the Board of Zoning Appeals must either grant or deny the petition. No variance may be granted except on a finding of all the following factors:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, nor will it adversely effect the adopted Comprehensive Plan;
(2) The use and value of the area adjacent to the property included in variance will not be affected in a substantially adverse manner;
(3) The strict application of the terms of the zoning chapter will result in practical difficulties in the use of the property;
(4) The variance is not a variance of the use of the property; and
(5) The need for the variance is not created by the applicant.
(C) The Board of Zoning Appeals shall not grant a variance from a use district or classification. The grant of a variance is by resolution of the Board of Zoning Appeals and is not an amendment of this chapter.
(D) The Board may incorporate into the granting of a variance whatever conditions or limitations are necessary to protect adjacent properties and the surrounding neighborhood and effectuate the purpose of this chapter.
(E) Any variance granted by the Board shall expire 12 months after the Board's granting of the variance unless a permit based upon and incorporating the variance is issued prior to the expiration of the 12-month period. The Board may extend the aforementioned 12-month period as the Board may determine is appropriate, provided good cause is shown. An extension of time pursuant to this division may be requested in the original application for variance or in a subsequent application after the grant of the variance but before its expiration.
(F) An improvement location permit that takes into account one or more approved variances may only be issued in conformance with the site plan that was submitted with the petition for variance.
(Ord. 1997-1, § 130.2(R), passed 1-22-1997; Ord. 2022-07, passed 1-25-2023)