A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless it finds that all of the following standards are met:
(A) The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this Zoning Code on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;
(B) The granting of the variance shall not alter the essential character of the location;
(C) There shall exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land and building and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Code would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there shall be deprivation of beneficial use of land;
(D) There shall be proof of hardship created by the strict application of this Zoning Code. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it shall result from the application of this Zoning Code; it shall be suffered directly by the property in question; an evidence of variance granted under similar circumstances need not be considered;
(E) The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose; and
(F) The proposed variance shall not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
(Ord. 2001-O-17, passed 7-9-2001)