When a parcel of land in a zoning district may
not be able to be used for the purposes allowed for such district
or for such purposes otherwise set out in this chapter or where there
exist practical difficulties or unnecessary hardships in the application
of the provisions of this chapter, it may be necessary in particular
cases to vary or modify the application of any of the provisions of
this chapter to achieve justice while preserving the spirit of this
chapter.
The Zoning Board of Appeals, in granting a variance,
may require additional conditions to mitigate any adverse effects
the requested variance may have upon the neighborhood and traffic
congestion and safety. These conditions may include, but are not limited
to, points of egress and ingress, landscaping, lighting, buffer areas,
fencing, parking and other conditions it may deem reasonable and proper
to ensure that the intent of the district is preserved.
At the time a variance is granted, the variance
pertains to the subject property and not the owner and is valid through
all subsequent owners. The variance is not transferable to another
site, and the variance is for a specific use and not a class of uses.
However, in the case where work has not been commenced and diligently
prosecuted within one year after the date granted, the variance (including
variances previously issued) shall become null and void.
The Zoning Board of Appeals may grant temporary
variances under one of the following conditions:
A. The appellant has requested a temporary variance.
B. The nature of the proposed use is temporary.
C. There is a compelling public interest that would render
an indefinite time period objectionable.