(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of this chapter, the Board of Adjustment may, so long as the action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the Administrative Official from whom the appeal is taken.
(B) Variances.
(1) To authorize upon appeal in specific cases variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in undue hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(2) In considering all proposed variances from this chapter, the Board shall, before making any finding in a specified case, first determine that the proposed variance will not constitute any change in the zones shown on the Zoning Map and will not impair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general welfare.
(3) Findings of fact. When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Board of Adjustment shall vary the requirement of this chapter upon a showing of all of the following:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(4) No nonconforming use of neighboring lands in the same district and no permitted use of land in other districts shall be considered grounds for the issuance of a variance.
(5) No change in permitted uses may be authorized by variance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in the district.
(6) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. In granting a variance, the Board of Adjustment may attach thereto any conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 154.999.
(7) The concurring vote of four-fifths of the Board of Adjustment shall be necessary to grant a variance.
(C) Temporary uses. The Board of Adjustment may permit a temporary building for business in the residential zone, which is incidental to the residential development, the permit to be issued for a period of not more than one year.
(Ord. passed 7-9-1985; Ord. passed 5-10-1990; Ord. passed 3-9-1999; Ord. passed 8-10-1999; Ord. passed 3-14-2000; Ord. passed 5-9-2000; Ord. passed 9-9-2003; Ord. passed 9-13-2005; Ord. passed 9-12-2006; Ord. passed 6-29-2021) Penalty, see § 154.999