(a) Nature of Variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary
to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.
(b) Non-use (Area) Variances. Upon application, the Board of Zoning Appeals shall only approve a request for a non-use variance only in cases where there is evidence of practical
difficulty present on the property in the official record of the hearing and that the following findings are made by the Board:
(1) Whether the property in question will yield a reasonable return or whether there can be a beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services ( e.g., water, sewer);
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner's predicament can be obviated through some method other than a variance; and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
After considering the above, the Board thereafter finds that:
(8) The granting of the variance will be in harmony with the general purpose and intent of this Zoning Ordinance, will not be injurious to the neighborhood, will not impair the adequate supply of light and air to the adjacent property, will not unreasonably increase the congestion in public streets, will not unreasonably diminish property values within the surrounding area or otherwise be detrimental to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objective of this Zoning Ordinance.
(c) Use Variances. Establishment or expansion of a use otherwise prohibited shall not
be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district, or adjoining zoning districts.
(Ord. 33-2023. Passed 5-15-23.)