(a) General - Where unique conditions prohibit strict compliance with these regulations, the applicant may appeal to the Board of Zoning Appeals for relief. If the Board of Zoning Appeals finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver of conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Board of Zoning Appeals shall not approve variances, exceptions, and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of a variance, exception, or waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, geographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
(4) The relief sought will not in any manner vary the provisions of the Zoning Ordinance, or Official Map, except that those documents may be amended in the manner prescribed by law.
(b) Conditions - In approving variances, exceptions, or waivers of conditions, the Board of Zoning Appeals and Planning Commission may require such conditions as will, in their judgement, secure substantially the purposes described in Section 1361.05.
(c) Procedures - An application for a variance, exception, or waiver of conditions shall be submitted in writing by the subdivider for the consideration of the Board of Zoning Appeals. The application shall state fully the grounds for the application and all of the facts relied upon by the petitioner. Procedure for variance from the requirements of these regulations shall follow the same as that prescribed by Chapter 1145 of the Zoning Ordinance of the City of Wickliffe.
(Ord. 2004-40. Passed 5-24-04.)