(A) The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of the zoning ordinance only if all of the following findings are made:
(1) There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;
(2) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) Such unnecessary hardship has not been created by the appellant;
(4) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(B) Subject to the above general standards in the granting of variances, the Board shall further be guided by the following principles:
(1) Use variances may be granted to secure appropriate development of a lot or tract of land only when:
(a) Side lot line of said lot adjoins a nonconforming building or use existing on the effective date of this chapter;
(b) Side lot line adjoins a less restricted use district; or
(c) There was an existing nonconforming use on said lot on the effective date of this chapter.
(2) Lot coverage and set back variances may be granted to secure appropriate development of a lot or tract of land only in the following situations.
(a) Site area required for residence use may be varied not more than 20% where a given lot or tract of land was by the last conveyance prior to the adoption of this chapter of such size or restricted area that it cannot be appropriately improved without such variance, and where the owner owns no adjoining property which can be added to said tract to create sufficient area to comply with the ordinance.
(b) Minimum floor area required for a dwelling may be varied by not more than 10% where by exceptional arrangement of site design the result of said variation will be in harmony with the character of the neighborhood.
(c) Yard size regulations may be varied by not more than 20%, provided that the light and ventilation after the variation will be adequate to avoid unhealthy and unsanitary conditions.
(C) The Board shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental to the existing use of such building; provided, however, that the floor areas of such extension shall not exceed in all 100% of the floor area of the existing building or buildings devoted to a nonconforming use.
(Ord. 1141, passed 9-1-1998)