§ 153.135. VARIANCES; USE.  


Latest version.
  • (A) A Board of Zoning Appeals shall approve or deny variances of use from the terms of the Zoning Ordinance. The Board may impose reasonable conditions as a part of its approval.
    (B) A variance may be approved under this section only upon a determination in writing that:
    (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
    (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner,
    (3) The need for the variance arises from some condition peculiar to the property involved;
    (4) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
    (5) The approval does not interfere substantially with the Comprehensive Plan.
    (1993 Code, § 8-83) (Ord. 93-02, passed 2-1-1993)