1262.20 VARIANCES.
The Board of Zoning Appeals is hereby authorized to authorize, upon appeal in specific cases, a variance from this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Zoning Code would result in unnecessary hardship. 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. A variance from this Zoning Code shall not be granted by the Board unless and until the following procedure is followed.
(a) A written application for a variance shall be submitted demonstrating that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.
(2) A literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under this Zoning Code.
(3) The special conditions and circumstances do not result from the actions of the applicant.
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
(b) Notice of the public hearing shall be given as provided in Section 1262.19(b).
(c) The public hearing shall be held. Any party may appear in person or by an agent or attorney.
(d) The Board shall make findings that the requirements of subsection (a) hereof have been met by the applicant for a variance.
(e) The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, structure or building.
(f) The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 546B. Passed 2-25-76.)