(a) Variances may be granted by the Board where a strict application of any provision of the Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship to the property owner. A request for a variance may be made to the Board through the Zoning Administrator by an aggrieved property owner. Variances shall not be increased more than fifty percent (50%).
(b) A variance from the provisions or requirements of the Zoning Ordinance shall not be authorized by the Board unless it finds that all the following facts and conditions exist:
(1) That unnecessary hardship would result from the literal enforcement of the provisions of the Zoning Ordinance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardship. A hardship based on conditions created by the owner shall not be considered a sufficient hardship for the granting of a variance. It must be demonstrated that peculiar and special hardships exist which apply only to the property in question and are separate and distinct from the general conditions pertaining to other land and buildings throughout the district.
(2) That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, exceptional topographical or other physical conditions.
(3) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(4) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity and that the granting of such variance will not be injurious to persons working or residing in the neighborhood.
(5) That the granting of such variance will not be contrary to the public interest (health, safety) or the intent and purpose of the Zoning Ordinance and other adopted plans.
(6) That such variance will not permit the establishment within a district of any use other than those permitted by right within that district, or any use for which a conditional permit is required.
(7) That such variance may not be construed to mean a change of use but shall mean only a variation or modification from the strict provisions of the Zoning Ordinance.
(8) That such variance, if granted, is the minimum modification that will make possible the reasonable use of the land, building or structure.
(9) The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the Village.
(10) That in no instance shall a variance be considered for the following reasons:
A. Presence of nonconformities in the zoning district.
B. Previous variances granted in the zoning district.
C. Uses in adjoining zoning districts.
D. The applicant's belief that the intended use would be permitted upon the applicant's purchase of the land.
E. The character standing of the applicant.
F. Hardship being demonstrated beyond the context of zoning, e.g. economics.
(c) Variations to Nonconforming Uses and Buildings:
(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of, or changes in nonconforming uses where none previously existed.
(2) The substitution of a nonconforming use existing at the time of enactment of the Zoning Ordinance for another nonconforming use shall be allowed, provided no structural alterations are made except those required by law or ordinance.
(3) The Board shall adhere to all regulations contained in Section 1187.06 in acting upon all nonconforming uses and modifications thereto.
(Ord. 11-07. Passed 7-18-07.)