§ 158.298  VARIANCES.
   (A)   A variance may be sought by filing a written application and payment of applicable fee to the Hearing Officer specifying the specific provision to be varied, the extent of the variation, and the basis therefore and including such requirements as are set forth in this subchapter or as otherwise established Hearing Officer. The Hearing Officer may grant a variance only if it is in harmony with the general purpose and intent of this chapter and in accordance with general or specific rules adopted hereto and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any regulation of this chapter relating to the use, construction, alteration of buildings, or structures or the use of land, but in no other case.
   (B)   No variance may be granted to any condition or term of a special use permit or planned zoning procedure. The Hearing Officer may impose such conditions, safeguards and restrictions upon the premises, benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
   (C)   A request for a variance, other than a use variance, may be granted, upon a finding and determination on the record of the Hearing Officer that the requirements of this section are met and that all three of the following conditions are satisfied or upon such conditions as may the Hearing Officer establishes as will meet such conditions:
      (1)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the applicable zoning regulations;
      (2)   The plight of the owner is due to unique circumstances; and
      (3)   The variance, if granted, will not alter the essential character of the locality.
(Ord. 3382, passed 11-7-2005)