§ 152.158. CIRCUMSTANCES FOR GRANTING A VARIANCE.

(A) Undue hardship as used in connection with the granting of a variance means:

(1) The property in question cannot be put to a reasonable use if used under conditions allowed by Chapters 151 and 152;

(2) The plight of the landowner is due to circumstances unique to his or her property not created by the landowner; and

(3) The variance, if granted, will not alter the essential character of the locality.

(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter.

(C) Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.

(D) A variance may not be granted for any use that is not permitted under this chapter for the zone in which the property is located.

(E) Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems.

(Ord. 239, § 1103, passed 1-22-2000)