(A) The Zoning Board of Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:
(1) The proposed variance is consistent with the general purposes of this chapter (see § 159.002 of this chapter);
(2) Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property;
(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
(4) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(5) The peculiar circumstances engendering the variance request are not applicable to other property within the district and, therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and
(6) The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of the municipality’s comprehensive plan.
(B) The Zoning Board of Appeals may impose such conditions and restrictions upon the location, construction, design and use of the property benefitted by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.
(Prior Code, § 40-10-21)