(A) The Board of Appeals on Zoning has the power to authorize, upon an appeal, a variance from the strict application of any provision of this chapter where by reason of exceptional irregularity, narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the provisions of this chapter would result in peculiar or exceptional practical difficulties to or unnecessary undue hardship upon the owner of such property.
(B) In hearing and deciding appeals for variances, the Board of Appeals on Zoning shall adhere to the following criteria in determining whether practical difficulties and/or unnecessary hardships exist:
(1) If the property owner complies with the provisions of this chapter he or she can secure no reasonable return from or make no reasonable use of his or her property;
(2) The hardship results from the application of this chapter to his or her property, rather than from some other factor;
(3) The hardship of which he or she complains is suffered merely by his or her property directly, and not by others;
(4) The hardship is not the result of his or her own actions; and
(5) The hardship is peculiar to the property of the applicant.
(C) Specific variances which the Board of Appeals on Zoning may grant, subject to conformance with the criteria delineated in division (B) above include the following:
(1) Height, yard spaces, and area requirements. The Board may permit such modification of the height, yard space, and area requirements as may be necessary to secure appropriate improvement of a lot which is of such shape of so located with relation to surrounding development of physical characteristics that it cannot otherwise be appropriately improved without such modification; and
(2) Additions to buildings. The Board may permit modification of zoning requirements for additions or enlargements to existing buildings provided that all requirements for the particular use in the zoning district where such use is first permitted cannot be met without extreme physical hardship owing to the shape of the lot, adjacent land uses, or topography.
(Prior Code, § 153.621) (Ord. D-1418, § 2712, passed 11-22-1982, effective 1-21-1983)