A variance may be granted only in the event that the applicant demonstrates by factual presentation that all of the following circumstances exist:
(A) The interpretation of the provisions of this chapter would cause undue hardship, deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter and leave the applicant with no reasonable use of the land, provided that the hardship shall not have been created by the applicant;
(B) The conditions causing the hardship are unique and are not shared by neighboring property in the same zoning district. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zoning district and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter had no control;
(C) The variance would be in keeping with the spirit and intent of the chapter and would not essentially alter the character of the neighborhood or adversely affect the environmental equality of the area;
(D) The variance would not allow any use that is not permitted under this chapter for a property in the zoning district where the affected applicant’s land is located.
(Ord. 333, passed 12-27-2004)