When unnecessary hardships would result from carrying out the strict letter of a zoning regulation, the
shall vary any of the provisions of the zoning regulation upon a showing of all of the following:
(A) (1) Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(2) Whether the hardship results from conditions that are peculiar to the applicant’s 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;
(3) Whether the hardship is the result of the applicant’s own action(s). 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; and
(4) 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.
(B) Any variance extending a nonconforming use shall be deemed not to be in harmony with the general purpose and intent of the ordinance and shall be deemed to violate its spirit.
(C) No change in permitted uses may be authorized by variance.
(D) If any of those issues are not resolved as indicated herein, then the Board of Adjustment shall deny the requested variance.
(E) In granting a variance, the Board of Adjustment may determine and prescribe reasonable conditions and safeguards upon which the variance is granted in order to ensure that the variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit, and to ensure that the variance will assure the public safety and welfare and will provide substantial justice.
(F) Violation of any condition upon which a variance is granted shall be deemed a violation of this chapter.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 1-21-2014; Am. Ord. 2021-O3, passed 5-24-2021)