The board is authorized upon appeal in specified cases to grant variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter would result in unnecessary hardship.

(Zoning Ord. 2019, app. B, § 7.1, 6-24-2019)

A complete application for an appeal for variance accompanied by a $100.00 application fee shall be filed with the board.

(Zoning Ord. 2019, app. B, § 7.2, 6-24-2019)

Upon receipt of the completed application form and the appropriate fee, the secretary shall immediately place the request upon the calendar for hearing and shall give proper notice in accordance with the provisions of section 42-736.

(Zoning Ord. 2019, app. B, § 7.3, 6-24-2019)

Before any permit for a variance is issued, the board shall make written findings certifying compliance with the following specific rules:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structure, or buildings in the same district;

(2)

Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

(3)

The special conditions do not result from actions of the applicant (self-imposed hardship);

(4)

Granting of the variance will not confer any special privilege on the applicant that is denied by this chapter to other lands, structures, or buildings in the same district;

(5)

Granting of the variance is in harmony with the intent and purposes of this chapter;

(6)

The variance will not adversely affect surrounding property, the general neighborhood, or the community as a whole;

(7)

No nonconforming use of neighboring lands, structure, 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;

(8)

The variance will not allow the establishment of 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 the chapter in the district.

(Zoning Ord. 2019, app. B, § 7.4, 6-24-2019)

In proving that a hardship has been imposed on the property as a result of the strict interpretation of this chapter, the following conditions cannot be considered pertinent to the determination of a hardship:

(1)

Proof that a variance would increase the financial return from the land.

(2)

Personal hardship.

(3)

Self-imposed hardship.

(Zoning Ord. 2019, app. B, § 7.5, 6-24-2019)

In granting variances, the board shall grant only the minimum variance that will make possible the reasonable use of the land, building, or structure.

(Zoning Ord. 2019, app. B, § 7.6, 6-24-2019)

In granting variances, the board may require such conditions and safeguards as deemed appropriate to ensure that intent of this chapter.

(Zoning Ord. 2019, app. B, § 7.7, 6-24-2019)

Hearings and determinations on appeals for variances shall conform to the requirements set forth in article IX of this chapter.

(Zoning Ord. 2019, app. B, § 7.8, 6-24-2019)

Failure of the applicant to conform to the conditions and safeguards specified in the terms of the variance, shall be deemed a violation of this chapter and voids the permit.

(Zoning Ord. 2019, app. B, § 7.9, 6-24-2019)