(A) In any case where, upon application of any responsible parties to the Board of Adjustment, it appears, that by reason of exceptional circumstances, the strict enforcement of any provision of the standards would cause unnecessary hardship or that strict conformity with the standards would be unreasonable, impracticable, or not feasible under the circumstances, the Board of Adjustment may permit a variance therefrom upon such conditions as it may prescribe consistent with the general purposes of this chapter and the intent of this and all other applicable state and local regulations and laws, provided that:
(1) The condition causing the hardship is unique to that property;
(2) The variance is proved necessary in order to secure for the applicant a right or rights that are enjoyed by other owners in the same area or district;
(3) The granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or to property values in the neighborhood; and
(4) The granting of the variance will not be contrary to management policies of the area or district.
(B) No variance shall be granted simply because there are no objections or because those who do not object out number those who do; nor for any other reason than a proved hardship.
(C) Public notice that a specific variance will be considered at the next regular meeting of the Board of Adjustment shall be placed in a newspaper of general circulation at least ten days before a public hearing.
(D) Notice shall be sent to all property owners within 350 feet of the property for which the appeal is filed.
(E) A copy of all variances granted shall be forwarded to the Commissioner of Natural Resources within ten days of such action.
(Ord. 126, passed 6-28-76)