The Board of Adjustment shall have the power to hear requests for variances from this chapter in instances where strict enforcement would cause unnecessary hardship, and to grant such variances only when the following provisions apply.
(A) The Board of Adjustment shall not grant a variance from the terms of this chapter unless and until a written application for a variance per § 154.476 is submitted to the Zoning Administrator.
(C) Notice of public hearing was given at least ten days in advance by publication in a legal newspaper of the municipality.
(D) Written notice of the public hearing was sent to the applicant and all owners of real property lying within 150 feet of the property on which the variance is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date.
(E) A notification sign shall be posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along all along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings.
(F) No such variance shall be authorized by the Board of Adjustment unless it finds that the strict application of the chapter would produce undue hardship; such hardship is not shared generally by other properties in the same zoning district and the same vicinity; the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the grant of the variance; and the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit and caprice.
(G) No variance shall be authorized unless the Board of Adjustment finds that the condition or situation of the property or the intended use of the property concerned, or the intended use of the property is not of so general or recurring in nature that it is reasonably practicable to formulation a general regulation to be adopted as an amendment of this chapter.
(H) No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(I) Any party may appear in person for by agent or by attorney; the Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance; the Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(J) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(Prior Code, § 16.25.04) (Ord. 737, passed - -; Ord. 800, passed - -) Penalty, see § 154.999