(A) Authority. The Board of Zoning Appeals shall have the power to authorize variances from the development standards (such as height, bulk, setback requirements, and the like) of this chapter. The Board of Zoning Appeals may attach such conditions to the variances as it deems necessary to assure compliance with the purpose of this chapter. A variance may be permitted if all the following requirements are met:
(1) Literal enforcement of the chapter would result in an unnecessary hardship with respect to the property;
(2) Such unnecessary hardship results because of unique characteristics of the property;
(3) The variance would not change the land use of the property or the character of the neighborhood; and
(4) The variance observes the spirit of this chapter, produces substantial justice and is not contrary to the public interest.
(B) Conditions of variances.
(1) The petitioner shall provide a site plan, photographs, and/or such other documentation to assist in the clarification of the petitioner’s request for a variance.
(2) If an improvement location permit and/or building permit is not secured within six months of the granting of the variance, the variance becomes null and void. The applicant must secure another variance prior to the issuance of another improvement location permit and/or building permit.
(3) The variance is only good for one set of improvement location permit(s) and/or building permit(s) for which the variance was granted. The improvement location permit and/or building permit(s) is good for one year from the date it is obtained. If any further expansion, extension, enlargement, addition, alteration, or structure is needed, then the applicant must receive a new variance.
(4) A variance granted by the Board of Zoning Appeals shall run with the land until such time as:
(a) The use of the variance ends; or
(b) The property conforms with the chapter as written.
(5) Where an owner has failed to comply with any condition and/or commitment permitted or required by the grant of variance, the Board may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this chapter in the same manner as if the variance had not been granted.
(6) Any variances granted prior to this chapter are subject to the current provisions of this chapter.
(Ord. 01-04-01, passed 4-10-2001)