(A) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the Land Use Administrator in the Planning Department. Applications shall be handled in the same manner as applications for special use permits, i.e., in conformity with the provisions of §§ 152.040 through 152.062 and 152.095 through 152.102.
(B) A variance may be granted the Board of Adjustment if it concludes that unnecessary hardships for the applicant would result from carrying out the strict letter of this chapter upon a showing of all of the following.
(1) Unnecessary hardship would result from the strict application of this chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis from granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of this chapter, such that public safety is secured, and substantial justice is achieved.
(C) In granting variances, the Board of Adjustment may impose such reasonable conditions to ensure that the use of the property will be as compatible as practicable with the surrounding properties.
(D) A variance may be issued for an indefinite duration or for a specified duration.
(E) The nature of the variance and any attached conditions shall be entered on the face of the zoning permit, or in the alternative, the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.
(Ord. passed 12-20-2001) Penalty, see § 152.999