To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until:

(1)

A written application for a variance is submitted demonstrating:

a.

That the variance is not contrary to the public interest;

b.

That due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship;

c.

That by granting the variance the spirit of the ordinance is observed; and

d.

That substantial justice will be realized by granting of the variance.

(2)

Notice of public hearing shall be given as in Section 6.5.B.(1) above.

(3)

The public hearing shall be held. Any party may appear in person, by agent, or by attorney.

(4)

The Board of Adjustment shall make findings that the requirements of this Section 6.5.C have been met by the applicant for a variance.

(5)

The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(6)

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(7)

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Section 6.9 Penalties for Violation of this ordinance.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district.

(Ord. No. 21-3316, § 5, 9-28-21)