The Board of Zoning Appeals shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of the Zoning Ordinance as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure
compliance with the objectives of the Zoning Ordinance. On appeal the Board may grant a variance in the application of the provisions of the Zoning Ordinance only if all of the following findings are made:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical, or other physical conditions present on the subject property;
(b) That because of such physical circumstances or conditions, the property cannot be reasonably be developed in strict conformity with the provisions of the Zoning Ordinance, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c) That the circumstances and conditions have not been created by the appellant;
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare;
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(Ord. 26-99-0. Passed 8-23-99.)