A. If there are practical difficulties in carrying out the requirements of this chapter because of the dimensional characteristics of a lot or parcel of land, a building or structure, or any of them in combination, the Board of Appeals may grant a dimensional variance in accordance with this section, so that the spirit of this chapter is observed, public safety secured and substantial justice done, but only if the applicant demonstrates through competent, material and substantial evidence on the record that all of the following exist:

(1) That there are practical difficulties in complying with the requirements of this chapter with respect to the dimensional characteristics of a lot or parcel of land, a building or structure, or any of them in combination, because of exceptional or extraordinary physical conditions involving land, a building or structure, or any of them. A practical difficulty resulting from an exceptional or extraordinary condition may include, for example, the exceptional narrowness, shallowness, shape or area of land; exceptional conditions in the elevations of land; the presence of unbuildable areas, such as wetlands or a floodplain; or other exceptional or extraordinary physical condition of the land or a building or structure.
(2) That there are exceptional or extraordinary conditions or circumstances which are peculiar to the land, structures or buildings involved and which are different from those of typical properties in the same zoning district.
(3) That compliance with specified provisions of this chapter would deprive the applicant of property rights commonly enjoyed by the owners or users of other properties in the same zoning district.
(4) That the grant of the requested variance would not be substantially detrimental to other lands and land uses and would not be contrary to the spirit and purpose of this chapter.

B. A dimensional variance shall not be granted if the practical difficulty in carrying out the provision or requirement of this chapter was created by or resulted from the affirmative action of the applicant; such practical difficulty shall be that which exists irrespective of the ownership of the property.
C. The exceptional or extraordinary circumstance or condition alleged by the applicant shall apply only to the dimensional characteristics of the land, a building or structure, or any of them in combination, but shall not apply to the applicant personally. An applicant's alleged economic hardship or potential for financial profit shall not be grounds for the granting of a dimensional variance.
D. A nonconforming use of nearby lands, structures or buildings shall not of itself constitute grounds for the granting of a dimensional variance.
E. A dimensional variance, if granted, shall be the minimum necessary variance in order to grant relief created by the practical difficulty alleged by the applicant.
F. The Board of Appeals may include terms, conditions and requirements in the granting of a dimensional variance, for the purpose of carrying out the intent and purposes of this chapter and for the protection or advancement of the public interest.
 

See Dimensional Variance Application (Part 1)
See Dimensional Variance Application for more information.
 

A. If there is an unnecessary hardship in complying with the provisions or requirements of this chapter pertaining to the use of land, a building or structure, or in conducting any of the permitted land uses in the zone district, the Board of Appeals may grant a land use variance in accordance with this section, so that the spirit of this chapter is observed, public safety secured and substantial justice done, but only if the applicant demonstrates that competent, material and substantial evidence on the record that all of the following exist:

(1) That there is an unnecessary hardship in complying with the requirements of this chapter with respect to the use of the land, a building or structure, or any of them in combination, because the land, a building or structure cannot reasonably be used for any of the permitted uses or special land uses of the zone district or because a use requirement for the land, a building or structure cannot reasonably be complied with.
(2) That the land use proposed by the applicant is compatible with existing or proposed land uses on adjacent and nearby properties.
(3) That the proposed land use would be adequately served by the existing streets and, if available, public sanitary sewer service and public water supply or, if such utilities are not available, then by an on-site sanitary sewage disposal facility and an on-site water well.
(4) That the grant of the requested land use variance would not be substantially detrimental to other lands and land uses and would not be contrary to the spirit and purposes of this chapter, as stated in § 450-1.02: Purpose, including, in particular, the purpose of assuring the compatibility of land uses, buildings and structures in each zoning district.

B. The land use variance proposed by an applicant shall not be a land use which is currently a permitted use or a special land use in the zone district in which the property is located.
C. A land use variance shall not be granted if the unnecessary hardship in complying with the requirements of this chapter with respect to the use of the land, a building or structure, or any of them in combination, was created by or resulted from the affirmative action of the applicant; such unnecessary hardship shall be that which exists irrespective of the ownership of the property.
D. The unnecessary hardship alleged by the applicant shall arise only because of the land use characteristics of the land, a building or structure, or any of them in combination, but shall not be an unnecessary hardship of the applicant personally. An applicant's alleged economic hardship or potential for financial profit shall not be grounds for the granting of a land use variance.
E. A nonconforming use of nearby lands, structures or buildings shall not of itself constitute grounds for the granting of a land use variance.
F. A variance, if granted, shall be the minimum necessary variance in order to grant relief created by the unnecessary hardship alleged by the applicant.
G. The Board of Appeals may include terms, conditions and requirements in the granting of a land use variance, for the purpose of carrying out the intent and purposes of this chapter and for the protection or advancement of the public interest.
 

A. The construction or other work authorized by a variance shall be completed not later than one year after the granting of the variance; provided, however, that the Board of Appeals may grant an extension of up to one additional year, upon request by the applicant within one year after the original approval of the variance, if the work is diligently proceeding toward completion or the Board finds that extenuating circumstances have prevented the completion of the authorized work or if the Board determines that an extension is otherwise justified.

(1) A request for such an extension shall be considered at a public meeting of the Board of Appeals, but a public hearing shall not be required.
(2) Notwithstanding the above provisions in this Subsection A, if a regular meeting of the Board of Appeals is not scheduled to be held prior to the expiration of one year after the original approval of the variance, and if the applicant has timely applied for an extension, then the Zoning Administrator is authorized to grant an extension for the ensuing period up to the time of the next Board of Appeals meeting at which the Board will consider the requested extension, for up to the remainder of the one-year extension period.

B. An application for a variance or other available relief which has been denied in whole or in part by the Board of Appeals shall not be resubmitted within one year after the meeting at which the denial occurred, unless the applicant submits material and substantial new evidence or proof of a change or changes in significant land use conditions affecting the grounds on which the denial was based.