Where the Planning and Zoning Board finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations so that substantial justice may be done and the public interest secured; provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further provided that the Planning and Zoning Board shall not recommend variations or exceptions to the regulations of this chapter unless it makes findings based upon the evidence presented to it in each specific case that:
(A) The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(B) The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property; and
(C) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
(Ord. 1999-2, Subdivisions § 9, subs. .010, passed 2-15-1999)