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(A) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing on appeals, to vary or modify any of its rules, regulations, or provisions of this chapter, by granting variances only when any of the following conditions of divisions (A)(1) and (2) exist:
(1) Zoning requirements cannot be met by an existing lot or that the physical topography inhibits the lawful location of a structure or its accessories such as garage, sheds, and the like. If the Zoning Board of Appeals finds that local requirements, as written, can be met, variance must be denied; and
(2) The hardship is unique and does not affect the entire surrounding area. If it is found that the hardship is not unique, but common, there may be cause for amending this chapter or the map.
(B) In addition to meeting any of the conditions of division (A)(1) or (2) above, the appellant must show that a variance:
(1) Will not be contrary to the public interest and it is not for a self-made hardship;
(2) Will not cause a substantially adverse effect upon adjacent property values;
(3) Will relate only to the property under control of the appellant;
(4) Will not jeopardize the preservation of a substantial right, although the spirit of the chapter shall be observed, public safety secured, and substantial justice be done;
(5) Will not adversely affect or diminish the purpose of this chapter;
(6) Will not increase the hazard from fire, flood, or similar dangers;
(7) Will not increase traffic congestion;
(8) Will not produce nuisance conditions to occupants or nearby premises, whether by reason of dust, noise, fumes, odor, vibrations, smoke, or lights; and
(9) Will not otherwise impair public health, safety, comfort, or general welfare of the residents of the city.
(1993 Code, § 154.226) (Ord. 84-1, passed 1-3-1984)