The Zoning Board of Appeals shall not vary the regulations of this Chapter unless it shall make findings of fact based upon evidence presented at the hearing in any given case that:
A. The subject property cannot yield a reasonable return if a sign may be permitted to be used only under the conditions allowed by the regulations for the zoning district in which it is located;
B. The plight of the petitioner is due to unique circumstances, and the proposed request will not merely serve as a convenience to the petitioner but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this Chapter were carried out and which particular hardship or practical difficulty is not generally applicable to other property within the same zoning district;
C. The alleged hardship has not been created by any person presently having a proprietary interest in the subject property;
D. The proposed request will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
E. The proposed request will not alter the essential character of the neighborhood; and
F. If granted, the proposed variation sought by the request is in harmony with the spirit and intent of this Chapter.
(Ord. 529, passed 12-21-2004)