(A) The Board shall not grant a variance unless it makes findings based upon evidence presented to it as follows:
(1) The property owner acquired the property in good faith, and that by reason of exceptional narrowness, shallowness, size or shape, or exceptional topographic conditions or other extraordinary conditions of the property, or of the use or development of property immediately adjacent to it, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property;
(2) The Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant;
(3) The strict application of the ordinance would produce undue hardship;
(4) The hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(5) The authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance;
(6) The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;
(7) The variance shall be in harmony with the intended spirit and purpose of this chapter;
(8) The variance will not authorize uses in a zoning district other than those permitted by this chapter;
(9) Financial concerns only shall not be considered as a basis for granting a variance; and
(10) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(B) No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(1996 Code, § 176-162)