The Zoning Board of Appeals shall have the power to authorize specific variances or departures from this Zoning Code, if all of the basic conditions are satisfied, and if there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Zoning Code. A variance from the dimensional requirements of this Zoning Code may only be granted if it is determined that all basic conditions have been satisfied and that there is a practical difficulty in carrying out the requirement. A variance from the use requirements of this Zoning Code may only be granted if it is determined that all basic conditions have been satisfied and that there is an unnecessary hardship created by those use restrictions. Use variances may only be granted by an affirmative vote of two thirds of the Board's members.
(a) Basic Conditions. Any variance granted from this Zoning Code shall meet the following basic conditions:
(1) The spirit of this Zoning Code shall be observed, public safety secured, and substantial justice done.
(2) There is no substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.
(3) The difficulty or hardship relating to the property is not so general or recurrent in nature that the formulation of a general regulation for such conditions is preferable.
(4) The practical difficulties or unnecessary hardships are unique to the property under consideration and not to the general neighborhood, and shall apply only to property that is under the control of the applicant.
(5) It shall be necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(6) There is a clear showing of an unnecessary hardship in that the property as a whole cannot reasonably be put to a use authorized by this Zoning Code.
(7) The alleged hardship or difficulty is not solely economic, and is based on the reasonable use of a particular parcel of land.
(8) It may be denied where the alleged practical difficulties or unnecessary hardships resulted from an act of the applicant, or a person in privity or concert with the applicant.
(b) Practical Difficulties and Unnecessary Hardships. In order to determine if there are practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this Zoning Code the following shall apply:
(1) Dimensional variance. A practical difficulty shall exist where there are exceptional or extraordinary circumstances or physical conditions, such as narrowness, shallowness, shape or topography of the property involved, that do not generally apply to other property or uses in the same zoning district.
(2) Use variance. An unnecessary hardship shall exist where the lot considered in combination with other adjacent land owned by the applicant has no reasonable value as zoned.
(c) Exceptions. The Board shall have the power to grant the following exceptions:
(1) Extend a district where the boundary line of a district divides a lot of record in single ownership at the time of adoption of this Zoning Code;
(2) Interpret or apply this Zoning Code where the street layout actually on the ground varies from the street layout as shown on the District Map.
A. The change will not unreasonably delay future probability of compliance with this Zoning Code.
B. There will be greater compliance with this Zoning Code or, in the alternative, with the Building Code or other applicable ordinances if the change is permitted, and such compliance is the maximum which can be reasonably expected. The change will not detract from any historical or unique architectural qualities of the building.
C. The change will not be detrimental to or tend to alter the character of the neighborhood.
(4) Permit a change in use of a nonconforming use under Section 1276.05 to another nonconforming use which is more nearly conforming to the use restrictions of this Zoning Code. After a change in use has been permitted, the use shall not be changed back to the former nonconforming use or to any less conforming use. Such a change in use may be permitted only where:
A. The change in use will not unreasonably delay future probability of compliance with this Zoning Code.
B. There will be greater compliance with this Zoning Code if the change is permitted, and such compliance is the maximum which can reasonably be expected.
C. The change will not be detrimental to the neighborhood or tend to alter the character of the neighborhood.
(Ord. 002-2015. Passed 12-21-15.)