A request for relief from the literal requirements of this zoning ordinance because of hardship may be made by any person, group, agency or corporation by filing with the zoning board of review an application for a variance under the provisions of article III of this ordinance. The application shall describe the request, and be supported by such data and evidence as may be required by the zoning board or by the terms of this ordinance.

In granting a variance, the zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

A.

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure, and not due to the general characteristics of the surrounding area, and is not due to a physical or economic disability of the applicant, excepting hereto those physical disabilities addressed in section 32-3P. of this ordinance, and in such case the relief granted shall remain in effect for only as long as the applicant maintains residency;

B.

That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;

C.

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this zoning ordinance or the comprehensive plan; and

D.

That the relief to be granted is the least relief necessary.

In granting a use variance, the zoning board of review shall, in addition to the above general standards, require that evidence be entered into the record of the proceedings showing that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this zoning ordinance. Nonconforming use of neighboring land or structures in the same district, and permitted use of lands or structures in an adjacent district shall not be considered in the granting of a use variance.

In granting a dimensional variance, the Zoning Board of Review shall, in addition to the above general standards, require that evidence be entered into the record of the proceedings showing that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. This shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. In addition, in granting a dimensional variance relating to a side or rear yard requirement, the zoning board of review shall not permit such a variance in excess of one-third (⅓) of the required distance.