(A) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department. Applications shall be handled in the same manner as applications for special use permits in conformity with the provisions of §§ 153.341, 153.342 and 153.347.
(B) When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Planning and Adjustment Board shall vary the requirement of this chapter upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the requirement. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
(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 for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; and
(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 may justify the granting of a variance shall not be regarded as a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved; and
(5) No change in permitted uses may be authorized by variance.
(C) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies 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 only.
(E) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit (or 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 4-9-2013; Ord. 2021-03, passed 6-8-2021)