Variances. To authorize in specific cases a variance from the specific terms of these Regulations which will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of these Regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these Regulations shall be observed, public safety and welfare secured, and substantial justice done.

a. The applicant must show that his property was acquired in good faith and whereby reason of exceptional narrowness, shallowness, or shape of this specific piece of property at the time of the effective date of the Village Zoning Regulations, or whereby reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, that the strict application of the terms of the Zoning Regulations actually prohibits the use of his property in the manner similar to that of other property in the zoning district where it is located.
b. Variances may be granted for any modifications of the specific terms of the Zoning Regulations, except that a variance may not be granted to allow the establishment of a use not permitted in the district regulations.
c. A request for a variance may be granted, upon a finding of the Board that all of the following conditions have been met. The Board shall make a determination of each condition and the finding shall be entered in the record.

(1) A variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or applicant.
(2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
(3) The strict application of the provisions of the Zoning Regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
(4) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
(5) The granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.
 

Conditions Of Determination. In exercising the foregoing powers, the Board, in conformity with the provisions of this Article, any reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from where the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

Quorum. A majority of the Board shall constitute a quorum for the transaction of business, and a concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant upon any matter which it is required to pass under any such regulation, or to effect any variation in such regulation. Upon the hearing, any party may appear in person or by agent or by attorney.

 

The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in § 415.660(A)(2)(c).

The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information which would be helpful to the Board of Zoning Adjustment in consideration of the application.

Mailed Notice Of Variance Requests. Mailed notice of the proposed variance shall be sent to all adjacent property owners to the parcel being considered for a variance and the Planning and Zoning Commission.