(A) The Advisory Board of Zoning Appeals, upon appeal, shall have the power to authorize variances from the development standard requirements of this chapter, and to attach such conditions to such variances as it deems necessary to assure compliance with the purpose of this chapter.
(B) A variance from the development standards may be approved by the Advisory Board of Zoning Appeals only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community in that the variance observes a spirit of this chapter, produces substantial justice, and is not contrary to the public interest;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of the zoning ordinance will result in the unnecessary hardship in the use of the property in that the property has a unique characteristic.
(Prior Code, § 36-7-4-600) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)