§ 152.152 CONDITIONS FOR GRANTING VARIANCES.
   (A)   (1)   Variances shall be permitted by the Board of Appeals only when they are in harmony with the general purpose and intent of the regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land.
      (2)   In its consideration of the standards of practical difficulties or particular hardship, the Board of Appeals shall require evidence that:
         (a)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
         (b)   The plight of the owner is due to unique circumstances; and
         (c)   The variation, if granted, will not alter the essential character of the locality.
      (3)   A variation shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated.
   (B)   A decision of the Board of Appeals under this section shall not be subject to review, reversal, or modification by the corporate authorities but shall be judicially reviewable under the provisions of § 152.153(C).
(65 ILCS 5/11-13-4) (1978 Code, § 17.60.030) (Ord. 94-7, passed - -1994)