The Planning and Zoning Board shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of the Planning and Zoning Code as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of the Planning and Zoning Code shall be granted by the Board unless it finds that all the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is only a minimal possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the applicant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
Under no circumstances shall the Planning and Zoning Board grant a variance that would allow a use not permissible under the Planning and Zoning Code in the district involved, or any use expressly or by implication prohibited by the terms of the Planning and Zoning Code in said district.
(Ord. 2004-111. Passed 7-26-04.)