(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 Zoning Administrator or Planning Director.
(B) Procedure. The Board shall:
(1) Fix a reasonable time for holding a quasi-judicial hearing on the variance request;
(3) Decide the variance request within a reasonable time.
(4) Note: The Board shall make findings of fact that the requirements of § 156.128, have been met by the applicant. The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Board shall not, under any circumstances, grant a variance to permit a use or density not otherwise permitted by this chapter in the zone involved. Neither the nonconforming use of lands, buildings or structures in the same zone, nor the permitted use of lands, buildings or structures in other zoning zones shall be considered as grounds for the issuance of a variance.
(C) Granting of variance. A variance may be granted by the Board if evidence that is presented by the applicant persuades the Board to reach the following conclusions:
(1) There are unnecessary hardships (as defined under § 156.121) that would result from the strict enforcement of this chapter. The Board may reach this conclusion if it finds that:
(a) The unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(b) The hardship results from conditions that are peculiar to the 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.
(c) 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.
(d) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
(D) Conditions. In granting a variance, the Board may prescribe such reasonable and appropriate conditions and safeguards as will assure 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 such 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 applicant shall have 30 days to correct the violation, otherwise the Enforcement Officer may revoke the certificate of occupancy.
(4) In the event that any such condition is held invalid, for any reason, such holding shall have the effect of invalidating the variance granted and shall render the variance null and void.
(E) 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 issue.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014; Am. Ord. 5-3-2021)