The Board of Adjustment shall not approve any variance request unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met:
(A) Physical characteristics. Because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(B) Unique to parcel. The conditions upon which an application for a variance is based, are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(C) Purely financial. The purpose of the variance is not based exclusively upon a financial hardship, or a desire to increase the value or income potential of the parcel of land.
(D) Self-created. The alleged difficulty or hardship is caused by this title and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.
(E) Public welfare. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(F) Nuisance avoided. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, or endanger the public safety.
(G) Minimum action. The requested variance is the minimum action required to eliminate the hardship.
(H) Use variance. The requested variance does not involve a use that is not allowed within the respective zoning district.
(Ord. 2011-06-07A, passed 6-7-2011)