A. The board of appeals may recommend to vary the provisions of this title as authorized in this section, but only when it has made findings based upon the evidence presented to it in the following specific cases:
1. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
2. That the plight of the owner is due to unique circumstances; or
3. That the variation, if granted, will not alter the essential character of the locality.
B. For the purpose of supplementing the above standards, the board of appeals shall also in making this recommendation whether there are practical difficulties or particular hardship, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:
1. That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out;
2. That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classifications;
3. That the alleged difficulty or hardship has not been created by any person having an interest in the property at any time after the effective date of the ordinance codified in this title;
4. That the granting of the variation will not be detrimental to the public welfare in the neighborhood in which the property is located; or
5. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
C. The board of appeals may require such conditions and restrictions upon the premises to be benefited by a variation as may be necessary to comply with the standards set forth in this chapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such variations.
(Ord. 81-11 Art. XVII § 3(B), 1980).