(A) Granting of non-use variances. A non-use variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are addressed.
(1) The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.
(2) The variance will not impair the intent and purpose of this chapter.
(3) The immediate practical difficulty causing the need for the variance request was not created by any action of the applicant or predecessor.
(4) The variance requested is the variance necessary to meet the purpose and intent of the chapter and to meet the other standards of review in this section.
(5) Would a lesser relaxation than applied for give substantial relief to the owner of the property involved and be more consistent with justice to other property owners, and whether relief can be granted in such fashion that the spirit of the chapter will be observed and public safety and welfare secured.
(B) Granting of use variances. A use variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence of unnecessary hardship in the official record of the hearing that all of the following conditions are addressed.
(1) The proposed use will not alter the essential character of the neighborhood.
(2) The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.
(3) The variance will not impair the intent and purpose of this chapter.
(4) The unnecessary hardship causing the need for the variance request was not created by any action of the applicant or predecessor.
(Ord. passed 7-30-2015; amended 6- -2011)