A use variance allows for a use to occur on property that is not permitted within the zoning district the property is located in. Use variances are specific and substantial thus they require special conditions the Board must consider when making a decision. In granting approval or conditional approval of a use variance, the Board of Zoning Appeals shall prepare written findings of fact that the majority of the conditions below apply to the application.
(1) The property cannot be put to any economically viable and appropriate use under any of the permitted uses in the zoning district;
(2) The Variance requested stems from conditions that are particular to the subject property and are not applicable, generally, to other properties within the same zoning classification;
(3) The hardship condition is not created by actions of the applicant;
(4) Granting of the variance will not adversely affect the rights of adjacent property owners or residents;
(5) Granting of the variance will not adversely affect the community character, public health, safety or general welfare;
(6) The Variance will be consistent with the general spirit and intent of the Zoning Code;
(7) The Variance sought is the minimum that will afford relief to the applicant;
(8) The applicant's predicament feasibly cannot be resolved through some method other than a variance; and
(9) Granting of a variance would not adversely affect the delivery of government services. (Ord. 19-145. Passed 1-13-20.)