(a) The Board of Appeals shall have the power to authorize variances from the provisions of this Zoning Code.
(b) A variance shall not be granted by the Board of Appeals unless evidence is submitted demonstrating that both of the following basic conditions are met:
(1) Shall not be contrary to the public interest or to the intent and general purpose of this Zoning Code.
(2) Shall not cause a substantial adverse effect upon properties in the immediate vicinity or in the zoning district in which the subject parcel is located.
(c) When both of the foregoing basic conditions can be satisfied, a variance may be granted when any one of the following special conditions can be met:
(1) Where there are practical difficulties which prevent carrying out the strict letter of this Zoning Code. These difficulties shall not be deemed solely economic, but shall be evaluated in terms of the use of a particular parcel of land.
(2) Where absent a variance, a significant natural feature would be negatively affected or destroyed.
(3) Where absent a variance, public health, safety, and welfare would be negatively affected.
(4) Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.
(d) A non-conforming use of land, structure, or building shall not solely constitute grounds for the issuance of a variance.
(e) The Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Board of Appeals may authorize a lesser variance than that requested by the applicant.
(f) In granting any variance or any other ruling the Board of Appeals may prescribe reasonable conditions and safeguards necessary to meet the spirit and intent of this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.
(Ord. 182. Passed 5-12-98.)