A variance is an authorization by the board of adjustment granting relief and doing substantial justice in the use of the applicant's property by a property owner where, owing to special and unique conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The board may permit variance of the height, area, front yard, side yard, rear yard, lot width, lot depth, coverage, and minimum setback standard and landscaping where the literal enforcement of these provisions would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. The variance procedure may not be utilized to change the use of property or to allow a use prohibited by this chapter.

(Ord. No. 97-8, § 1, 7-17-97)

A variance may be granted to an applicant when the board finds that:

(1)

There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same zoning or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building; and

(2)

The granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located; and

(3)

The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted by the Board is the minimum variance that will accomplish this purpose; and

(4)

The literal enforcement and strict application of the provisions of this chapter will result in an unnecessary hardship inconsistent with the general provisions and intent of this chapter and that, in granting such variance, the spirit of the chapter will be preserved and substantial justice done; and

(5)

In addition to considering the character and use of adjoining buildings and those in the vicinity, the board, in determining the findings, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

(Ord. No. 97-8, § 1, 7-17-97)

In granting any variance under the provisions of this article, the board may designate such conditions in connection therewith which will, in its opinion, secure substantially the purpose and intent of this chapter.

(Ord. No. 97-8, § 1, 7-17-97)

A variation from the standards established by this chapter shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the district.

(Ord. No. 97-8, § 1, 7-17-97)