11-2-5: VARIANCES:
   A.   Authority: The board of adjustment shall have the authority to grant a variance from the requirements of this title, after considering the matter at a public hearing duly called, giving notice to adjoining property owners as provided herein.
   B.   Conditions For Granting Variances:
      1.   Before any variance can be granted, the board of adjustment shall make findings of fact setting forth and showing that the following circumstances exist:
         a.   In considering all proposed variances to this title, the board of adjustment shall, before making any findings in a specified case, first determine that the proposed variance will not amount to a rezone and constitute a change in the zoning district boundaries shown on the official zoning map.
         b.   That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same zoning district and that literal interpretation of the provisions of this title would deprive the property owners of rights commonly enjoyed by other properties similarly situated in the same zoning district under the terms of this title.
         c.   That the special conditions and circumstances do not result from the actions of the applicant.
         d.   That granting the variance requested will not confer a special privilege to subject property that is denied other lands in the same zoning district.
         e.   That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which subject property is situated.
         f.   The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land.
         g.   The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
         h.   The fact that property may be utilized more profitably will not be an element of consideration before the board of adjustment.
      2.   In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards that will ensure that the purpose and intent of this title shall not be violated. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this title.
      3.   Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by conditional use permitted in the zoning district involved, or any use expressly or by implication prohibited, by the terms of this title in said zoning district. (Ord. 16.00)