A. A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district, as authorized by the zoning regulations, may be granted, in whole, in part, or upon reasonable conditions, as provided in this article, only upon a finding by the board of adjustment that:
1. At the time of the original adoption of the regulation there are extraordinary and exceptional conditions pertaining to the particular size of property in question because of its size, shape, or topography, or other extraordinary or exceptional situation or condition of a specific piece of property;
2. The strict application of the zoning regulations to this particular and exceptional piece of property would create an unnecessary hardship, not self-imposed by the owner or developer;
3. Such conditions are peculiar only to the particular piece of property involved and not generally prevalent in the area;
4. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the regulations or the comprehensive plan; or
5. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the zoning regulations; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the zoning regulations set forth in section 12-201 et seq. of this part.
B. Notice of public hearings before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. A copy of the published notice shall be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.
C. The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:
1. Legal description of the property and the street address or approximate location in the municipality.
2. Present zoning classification of the property and the nature of the appeal, variance or exception requested.
3. Date, time and place of the hearing.
D. On hearings involving minor variances or exception, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection C of this section. (Ord. 1989-11, 11-16-1989)