A.

The board, after public notice and hearing, may vary the regulations of this title, in harmony with the purpose and intent of this title, only in the specific instances hereinafter set forth, where the board makes findings of fact in accordance with the standards hereinafter prescribed and further finds that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations of this title.

B.

Application for a Variance. An application for a variance shall be filed with the building inspector in accordance with chapter 17.17, Article II and shall be accompanied by such plans and data as may be required by the board and its reviewing staff to assure the board adequate information upon which it may consider the requested variance. The building inspector shall forward such application and all relevant data to the board.

(Prior code § 150-293)

A.

The board shall not vary the regulations of this title, as authorized in Section 17.236.010, unless it shall make its decision based upon the evidence presented to it consistent with the following; except that the board, in making is decision, may waive those items it finds to be not applicable:

1.

Because of the particular physical surroundings, shape or topographical conditions of the specific structure or land involved, a practical difficulty or unnecessary hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

2.

The conditions upon which an application for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to the property within the same zoning classification;

3.

The practical difficulty or unnecessary hardship is caused by this title and has not been created by intentional action of any person presently having an interest in the property;

4.

The granting of the variance will not be detrimental to or endanger the public health, security, general welfare or morals;

5.

The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the property;

6.

The variance will not be injurious to the use and enjoyment of other property in the immediate vicinity nor substantially diminish and impair property values in the neighborhood;

7.

The granting of the variance will not impair an adequate supply of light and air to adjacent property or overcrowd the land or create an undue concentration of population or substantially increase any congestion of the streets or create hazardous traffic conditions or increase the danger of fire or otherwise endanger the public safety;

8.

The variance will not adversely affect transportation or unduly burden water, sewer, school, park or other public facilities;

9.

The granting of the variance will not adversely affect the implementation of the comprehensive plan for the City of Salisbury approved by the planning commission and the city council or any other plan approved by the planning commission or city council for development of the area in which the variance is requested;

10.

Within the intent and purposes of this title, the variance, if granted, is the minimum variance necessary to afford relief. (To this end, the board may permit a lesser variance than that applied for.)

B.

The board may impose such conditions and restrictions upon the premises benefitted by a variance as deemed necessary to comply with the standards established above, to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent and purposes of this title. Failure to comply with such conditions or restrictions imposed shall constitute a violation of this title.

(Prior code § 150-294)