(A) Authority; purpose. The Board of Adjustment is authorized to grant variances from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this title. Such variance shall comply, as nearly as possible, in every respect, with the spirit, intent and purpose of this title, it being the purpose of this provision to authorize the granting of a variance only for reasons of demonstrable and exceptional hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit or caprice. Such variance shall be granted only when public safety and welfare are secured and substantial justice done.
(B) Findings of Board. A variance from the terms, standards and criteria may be granted in whole, in part or upon reasonable conditions provided in this chapter, only upon a finding by the Board of Adjustment that:
(1) The application of this title to the particular piece of property would create an unnecessary hardship;
(2) Such conditions are peculiar to the particular piece of property involved;
(3) Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this title or the Comprehensive Plan; and
(4) The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
(C) Burden of proof. Any person or persons applying to the Board of Adjustment for a variance shall have the burden of showing that all of the factors described in subsection (B) above have been met.
(Prior Code, § 11-3-7) (Ord. 80-29, passed 12-16-1980)