(a) A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless a written application for a variance is submitted to the Zoning Administrator and the Board of Appeals. The Board may grant variances where, because of physical circumstances such as exceptional narrowness, shallowness, shape, topographic conditions or extraordinary lot conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Code, and a variance is therefore necessary to enable the reasonable use of the property, provided that minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Zoning Code. No variance shall be granted unless the Board finds that the requested variance will:
(1) Permit only land uses approved for the zoning district in question.
(2) Treat special conditions or circumstances peculiar to the lot or property in question, where strict enforcement of this Zoning Code will result in unnecessary hardship which has not been self imposed by previous actions in any way.
(3) Grant the applicant enjoyment of his or her substantial property right and not merely serve as a convenience, profit or special privilege to the applicant.
(4) Be in harmony with the general purpose and intent of this Zoning Code and not injurious to the neighborhood or otherwise detrimental to the public welfare.
(5) Be of the least magnitude.
(b) If rezoning of the property in question may be proper and would make a variance unnecessary, the variance should be denied. No nonconforming use of neighboring lands, buildings or other structures in the same district, and no permitted or nonconforming use of lands, buildings or other structures in other districts, shall be considered grounds for issuance of a variance. The Board may attach any condition to the granting of a variance under this section which it may find necessary to ensure that the intent of this Zoning Code and design review criteria are observed in all respects. It is incumbent upon the Board to make specific findings of fact for the granting or denial of a variance. Such findings shall become a part of the public record at the Village Hall and copies of the same shall be given to each Board member and Council member and to the applicant.
(Ord. 710-78. Passed 9-19-78.)