§ 153.408. Special variances.

A.

For the purpose of this section, "practical difficulties" or "unnecessary hardships" shall mean conditions inherent in the land or all those elements which taken together indicate that the property under appeal is unique and cannot be put to a conforming use. It is not intended to include the personal situation or condition of the owner or lessee, or any such situation or condition created by him, whether intentional or accidental.

B.

The enumeration of specific instances in Section 153.404 and elsewhere in this Zoning Code in which the Board of Zoning Appeals is authorized to grant variances, shall not be deemed to prevent the Board's authorization of additional proper variances not enumerated in this Zoning Code. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board shall have the power in a specific case, after public notice and hearing and subject to conditions as it deems necessary to avoid injury to the appropriate use of neighboring property, to vary the application of any such provision in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, and general welfare may be secured and substantial justice done; however, the Board shall not have authority under this section to authorize the location of a use in any district where such use is prohibited.

(Prior code § 153.015; Ord. 322-1976)