A.

Where owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve practical difficulties, the Board of Appeals shall have the power upon appeal to authorize such variation or modifications of this Ordinance with such conditions and safeguards as it may determine as may be in harmony with the spirit of this Ordinance and so that public safety and welfare be secured, and substantial justice done.

B.

Standards: The Board may grant a dimensional or non-use variance only upon a finding that practical difficulties exist. A dimensional variance is a variance from any dimensional standard or requirement of this Ordinance, such as, but not limited to, a deviation from density, height, bulk, setback, parking, landscaping, and signage standards and requirements. A finding of practical difficulty shall require demonstration by the applicant of all the following:

1.

That strict compliance with area, setbacks, frontage, height, bulk, density, or other non-use matters would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome;

2.

That a variance would do substantial justice to the applicant, as well as to other property owners in the district,

3.

A lesser variance than requested would not give substantial relief to the applicant and/or be more consistent with justice to other property owners;

4.

That the plight of the owner is due to the unique circumstances of the property and not generally applicable in the area or to the properties in the same zoning district such as exceptional narrowness, shallowness, topography or area;

5.

That the problem and the resulting need for a variance is not self-created by the applicant;

6.

That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty; and,

7.

The granting of the variance will not materially impair the intent and purpose of this ordinance.