Before any variance can be granted, the Board of Adjustment shall make findings of fact setting forth and showing that the following circumstances exist:
A. Rezone: In considering all proposed variances to this Title, the Board shall, before making any finding in a specified case, first determine that the proposed variance will not amount to a rezone and constitute a change in the district boundaries shown on the Official Zoning Map.
B. Special Conditions And Circumstances: Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same district and that literal interpretation of the provisions of this Title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this Title.
C. Actions Of Applicant: The special conditions and circumstances do not result from the actions of the applicant. This includes a failure to complete due diligence in the purchase of any property reviewed for a variance.
D. No Special Privilege: Granting of the variance will not confer a special privilege to subject property that is denied other lands in the same district.
E. Not Detrimental To Public Welfare: The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.
F. Reasonable Use Of Land: The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land.
G. Harmony With Intent Of Title: The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
H. Profitability: The fact that property may be utilized more profitably will not be an element of consideration before the Board of Adjustment.
(Ord. 253, 12-1-1998; amd. Ord. 24-004, 5-9-2024)