(A) The Board of Adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of the zoning regulations of this code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations, will, in any individual case, result in unnecessary hardship, so that the spirit of the zoning regulations shall be observed, public safety and welfare secured, and substantial justice done.
(B) Such variances may be granted in such individual case of unnecessary hardship upon a finding by the Board of Adjustment that:
(1) At the time of the original adoption of the regulations there are extraordinary and exceptional conditions pertaining to the particular piece 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) The strict application of the zoning regulations to this particular piece of property would create an unnecessary hardship due to a physical handicap of the owner or occupant and such variance shall be granted on a temporary basis, expiring upon the termination of the need therefor;
(5) “Physical handicap” as used herein shall be established by filing, with the city, a “physical handicap variance application” upon a form provided by the city; or
(6) 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.
(Prior Code, § 2-1A-5)