§ 1445-16. Use Variance Standards.

No variance shall be granted to allow a use not permissible under the terms of the Zoning Code or the Land Development Code in the zoning district in which the property is located, unless the Zoning Hearing Examiner finds that the applicant for the use variance has demonstrated that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code or the Land Development Code is required and such hardship must be demonstrated by clear and convincing evidence as to the following criteria:

(a)

The property cannot be put to any economically viable use under any of the permitted uses in the zoning district;

(b)

The variance requested stems from a condition that is unique to the property at issue and not ordinarily found in the same zone or district;

(c)

The hardship condition is not created by actions of the applicant;

(d)

The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(e)

The granting of the variance will not adversely affect the community character, public health, safety or general welfare;

(f)

The variance will be consistent with the general spirit and intent of the Zoning Code or the Land Development Code, as applicable; and

(g)

The variance sought is the minimum that will afford relief to the applicant.

(Ordained by Ord. No. 360-2010, § 1, eff. Nov. 13, 2010; Emer. Ord. No. 244-2015, § 7, eff. July 1, 2015)