In granting a variance, the board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of the variance upon other property in the neighborhood and to carry out the general purpose and intent of these regulations.

In all instances where the board may grant a variation to the provisions of this UDO, the spirit and intent of this UDO shall be observed, public safety and welfare secured. An application for a variance may be granted upon a finding of the board that the applicant has shown by clear and convincing evidence that all of the following conditions have been met:

(1)

With respect to a use variance, that:

a.

The strict application of the provisions of this UDO would constitute unnecessary hardship upon the applicant;

b.

The grant of the variance will not alter the essential character of the locality; and

c.

The land in question cannot yield a reasonable return if used only for the purposes allowed in the district.

(2)

With respect to a non-use variance, that practical difficulties exist that would make it impossible to carry out the strict letter of this UDO. In making such finding the board shall consider

a.

How substantial the variation is in relation to the requirement;

b.

If the variance is allowed, the effect of increased population density, if any, on available public facilities and services;

c.

Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties is created;

d.

Whether the difficulty can be obviated by some method feasible for the applicant to pursue other than a variance;

e.

Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance; and

f.

Conditions of the land in question, and not conditions personal to the landowner. The board shall not consider evidence of the applicant's personal financial hardship unrelated to any economic impact upon the land.

(3)

With respect to all variances, that:

a.

Granting the variance will not adversely affect the rights of adjacent landowners or residents;

b.

Granting the variance will not be opposed to the general spirit and intent of this UDO;

c.

The variance requested will not adversely affect the public health, safety or general welfare;

d.

The variance requested arises from a condition that is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action of the landowner or the applicant; and

e.

Substantial justice will be done.

(Ord. No. 8804, § I, 4-11-05)