(A) The Advisory Board of Zoning Appeals, upon appeal, shall have the power to authorize variances of use from the requirements of this chapter, and to attach such conditions to the variances of use as it deems necessary to assure compliance for the purpose of this chapter.
(B) A use variance may be approved by the Advisory Board of Zoning Appeals only upon the 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 shall comply with the performance standards of § 151.090;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) 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; and
(5) The approval does not interfere substantially with the Comprehensive Plan adopted pursuant to I.C. 36-7-4-500 and all acts supplemental and amendatory thereto, including I.C. 36-7-4.
(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)