(a) The board of zoning appeals may authorize, upon written appeal, such variance from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship or peculiar and exceptional practical difficulties. An applicant shall file a written request for a variance with the director of the building standards department, or his designee, within 10 days after such applicant has received written notification that a violation of this article has been committed. The request shall specify the nature of the variance being sought and the reasons for such request.
(b) Notice shall be given at least 15 days in advance of a public hearing. The owner of the property for which the variance is requested or his agent shall be notified by mail. Notice of hearings shall be made in a newspaper of general circulation, posted on the property for which a variance is requested, and posted at Greenville County Square.
(c) When an applicant requests a variance from the terms of this article, the building standards department shall provide the applicant or his designated representative with an adequate number of notice of public hearing signs to allow the applicant or his designated representative to properly post and maintain on the property a notice of public hearing at least 10 days prior to the date of the board of zoning appeals hearing. Only such signs as provided by the building standards department shall be used and such signs shall be placed in a conspicuous place or places on the affected premises. Failure to comply with the posting requirements will result in removal of the application from the public hearing agenda and forfeiture of the application fee. All signs must be removed within 30 days after the public hearing.
(d) A variance from the terms of this article may be granted by the board upon a finding that:
(1) The variance requested is the minimum variance that will make possible the legal use of the land.
(2) Owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship or peculiar and exceptional practical difficulties.
(3) The variance requested will be in harmony with the general purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(1976 Code, § 9-59) (Ord. 1777, § 9, passed 12-15-1987; Ord. 2467, § 7, passed 6-15-1993; Ord. 2530, § 1, passed 12-6-1993)