According to the procedures established for appeals in Section 1109.08, the Board of Zoning Appeals shall hold a public hearing and give notice of the same.
No variance to a nonconforming use shall be granted as authorized by this chapter unless the Board of Zoning Appeals finds that the applicant for the variance has demonstrated that the applicant will suffer unnecessary hardship if strict compliance with the terms of this chapter is required. Such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
(a) The property cannot be put to any economically viable use under any of the permitted uses in the zoning district;
(b) The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
(c) The hardship condition is not created by actions of the applicant;
(d) The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
(e) The granting of the variance will not adversely affect the public health, safety or general welfare;
(f) The variance will be consistent with the general spirit and intent of the Zoning Code; and
(g) The variance sought is the minimum which will afford relief to the applicant.
In addition, all other procedures, limitations, and provisions of Sections 1109.09(a), (c), (d), (e) and (f) shall be met.
(Ord. 2020-21. Passed 2-18-20.)