§ 153.045. VARIANCES.

In addition to the other duties and powers specified in this chapter, the Board, after public hearing, shall have the power to authorize specific variances from such requirements as lot area and width regulations, building height and bulk regulations, yard and depth regulations, and off-street parking and loading space requirements, provided that all of the basic conditions listed herein and at least one of the special conditions listed thereafter can be satisfied.

(A) Basic conditions. Any variance granted from this chapter:

(1) Will not be contrary to the public interest or to the intent and purpose of this chapter;

(2) Shall not permit the establishment within a district of any use which is not permitted by right within that zone district or any use or dimensional variance for which a conditional use permit or temporary use permit is required;

(3) Will not cause substantial, adverse effect upon the property values in the immediate vicinity or in the district in which the property of the applicant is located;

(4) Is not one where the special conditions relating to the property are so general or recurrent in nature so as to make the formulation of a general regulation for such conditions reasonably practical; and

(5) Relates only to the property that is under the control of the applicant.

(B) Special conditions. When all of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be clearly demonstrated:

(1) Where there are practical difficulties which prevent the carrying out of the express provisions of this chapter. Such difficulties shall not be deemed economic but shall be evaluated in terms of the use of the particular parcel of the land;

(2) Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property involved or to the intended use of the property that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall not have resulted from any act of the applicant subsequent to the adoption of this chapter; or

(3) Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

(C) Rules. The following rules shall be applied in the granting of variances.

(1) The Board may specify, in writing, such conditions regarding the character, location and other features that will, in its judgment, secure the objective and purposes of this chapter. The breach of any such condition shall automatically invalidate the variance granted.

(2) Each variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance or permit has been commenced within six months after the granting of the variance and the occupancy of land, premises or buildings authorized by the variance have taken place within one year after the granting of the variance.

(3) No application for a variance that has been denied wholly or in part by the Board shall be resubmitted for a period of one year from the date of last denial except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.

(Ord., § 3.16, passed 8-5-1991; Ord. 2012-02, passed - -2012)