(a)

In order to grant a variance, the planning and zoning board must find all of the following, based on factual evidence presented to the board:

(1)

That the application of the zoning ordinance causes an exceptional and unique hardship.

(2)

That the exceptional and unique hardship is not due solely to the owner's actions.

(3)

That the variance granted will be compatible with the physical characteristics of the neighborhood.

(4)

That the variance granted will be in harmony with the intent and purpose of the Code.

(5)

That the variance granted is the minimum necessary in order to alleviate the exceptional and unique hardship.

(b)

In granting any variance, the planning and zoning board may prescribe appropriate conditions and safeguards as are in conformity with the intent and purpose of the Code. 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 the ordinance.

(c)

The planning and zoning board may prescribe a reasonable time limit within which the action for which the variance is required shall commence or be completed, or both.

(d)

Variances that would allow a use that is not permitted in the zoning district are prohibited. Nonconforming use of neighboring lands, structures, or buildings in the same zoning district and permitted use of lands, structures, or buildings in other zoning districts shall be insufficient grounds for the authorization of a variance.

(Ord. No. 2012-05, § 4, 4-3-2012)