(A) Where there are practical difficulties or unnecessary hardship in carrying out the strict letter of this chapter, the Board of Appeals shall have power to vary or modify any of the provisions hereof so that the spirit of the chapter shall be observed, public safety promoted and substantial justice done.
(B) The Board of Appeals may grant such variances only upon finding that all of the following conditions exist:
(1) Where it is alleged that, by reason of the exceptional narrowness, shallowness or shape of a specific parcel of property or by reason of exceptional topographic conditions or other extraordinary situation of the land or structure or of the use of property immediately adjoining the property in question, the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship, provided that the Board of Appeals shall not grant a variance on a lot if the owner or members of his or her family own or owned adjacent land which could, without undue hardship, be included as part of the lot;
(2) Where it is alleged that there is practical difficulty or unnecessary hardship in carrying out the strict letter of this chapter and a request made to vary such regulations, so that the spirit of this chapter shall be observed, public safety secured and substantial justice done; and
(3) Where it is alleged that the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation in this chapter.
(Prior Code, Ch. XV, § 16.10) (Ord. 1977-1, passed 10-10-1977)