(A) The Board may grant a variance with respect to specific property or an intended use if, after a public hearing under § 153.138, it finds that:
(1) The grant will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use or value of the area subject to the property included in the variance will not be adversely affected;
(3) The need for the variance arises from some condition peculiar to the property involved and does not exist in similar property in the same district; and
(4) The strict application of the terms of the ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought.
(B) The Board shall not grant a variance regarding the following:
(1) From a use district or classification;
(2) The extension the time permitted for a temporary mobile home beyond that specified in the original special exception permit.
(C) The Board may require or accept a recorded commitment regarding a variance in the form and manner as provided in § 153.180.
(D) Variances involving minor deviations:
(1) When in public interest, the Director may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:
(a) Lot area requirements may be reduced by not more than 10% of that required in the District;
(b) Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than 10% of the area of a required yard;
(c) Maximum building heights may be increased by not more than 10%.
(2) Such decision shall be based on the provisions of § 153.181.
(3) The Director shall make a decision within 15 days of the date of filing such application.
(4) The Director shall report his findings and decisions to the Board of Zoning Appeals at its next regular or special meeting.
(5) Any person requesting such minor variance may appeal the decision of the Director as provided in this chapter.
(1985 Code, § 36-7-4-600(10.7))