(A) Two types of variances maybe granted by the Board of Zoning Appeals.
(B) They are as follows.
DIMENSIONAL VARIANCE. Designed to adjust the regulations of the zoning ordinance to the land for which the variance is granted. Generally speaking, a DIMENSIONAL VARIANCE applies to a bulk, height, area or space requirement of the zoning ordinance. The primary basis for granting a dimensional variance is the showing by the applicant that a “practical difficulty” exists if the letter of the law is strictly applied. Once granted, a DIMENSIONAL VARIANCE shall run with the land.
USE VARIANCE. Serves a different function than a dimensional variance. If a zoning ordinance is valid in general, but confiscatory as applied to a specific property, the traditional remedy is a use variance. A USE VARIANCE grants permission for a prohibited use in a given zoning district. The primary basis for granting a use variance is the showing by the applicant that an “unnecessary hardship” exists if the letter of the law is strictly applied. When granted, a USE VARIANCE runs with the applicant (tenant or landlord), not with the land itself.
(2004 Code, § 4-301)