(A) Application. An application for a variance shall be submitted in writing to the Board by filing a copy of the completed application with the Planning Director. The applicant has the burden of proving unnecessary hardship. The proof must be compelling and reasons for granting the variance must be substantial. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors also do not qualify. The hardship that the applicant must prove must be measured against the community’s need for strictly enforced regulations that protect its citizens. Evidence supporting the request for a variance shall be submitted at the time of the application for the variance.
(B) Procedure. The Board shall:
(1) Fix a reasonable time for holding a public hearing on the variance request;
(2) Give notice of the variance request as prescribed in § 152.116; and
(3) Decide the variance request within a reasonable time.
(C) Grounds for a variance.
(1) The Board shall make findings of fact that the requirements of division (D) below have been met by the applicant.
(2) The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure.
(3) The Board shall not, under any circumstances, grant a variance to permit a use or density not otherwise permitted by this chapter in the zoning district involved.
(4) Neither the nonconforming use of lands, buildings or structures in the same zoning district, nor the permitted use of lands, buildings or structures in other zoning districts shall be considered as grounds for the issuance of a variance.
(D) Granting of variance. A variance may be granted by the Board if evidence presented by the applicant persuades it to reach the following conclusions:
(1) There are practical difficulties or unnecessary hardships that would result from the strict enforcement of this chapter. The Board may reach this conclusion if it finds that:
(a) If the applicant complies with the provisions of this chapter, he or she can make no reasonable use of his or her property;
(b) The hardship of which the applicant complains results from unique circumstances related to the applicant’s property;
(c) The hardship relates to the applicant’s property, rather than personal circumstances; and
(d) The hardship is not the result of the applicant’s own actions.
(2) The variance is in harmony with the general purpose and intent of this chapter and preserves the spirit of this chapter; or
(3) The granting of the variance assures the public safety and welfare and does substantial justice.
(E) Conditions. In granting a variance, the Board may prescribe reasonable and appropriate conditions and safeguards as will assure that the use of the property to which the variance applies will be compatible with surrounding properties and will not alter the essential character of the neighborhood.
(1) Violations of the conditions and safeguards, when a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(2) A variance granted subject to a condition shall be permitted only so long as there is compliance with the condition.
(3) If a violation of a variance occurs, the Enforcement Officer may revoke the certificate of occupancy.
(4) In the event that any condition is held invalid, for any reason, the holding shall have the effect of invalidating the variance granted and shall render the variance null and void.
(F) Duration. The variance may be issued for an indefinite duration or for a specified duration only. Unless otherwise specified, construction or operation shall be commenced within 12 months of the date of issuance of a variance, or the variance shall become void.
(Ord. 3 § 7.4.8, passed 9-14-1998) Penalty, see § 152.999