(a) Upon appeal, the Board of Appeals may authorize a variance where, because of physical circumstances such as exceptional narrowness, shallowness, shape, topographic condition or other extraordinary lot conditions, there is no possibility that the property can be developed in strict conformity with this Zoning Code and adjustment is therefore necessary to enable the reasonable use of the property, provided that such minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Zoning Code.
(b) No variance shall be granted unless the Board finds that all of the following conditions exist:
(1) The proposed variance will not constitute a change, including an adjustment in use, on the Official Zoning Map. In no case shall the Board approve a variance for a use not permitted in the zoning district in which the land, structures or buildings are located.
(2) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant or apply generally to other buildings or land in the vicinity.
(3) The literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under this Zoning Code.
(4) The granting of the variance is necessary for the preservation and enjoyment of the substantial property right and will not merely serve as a convenience to the applicant.
(5) The granting of the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this Zoning Code to other land, structures or buildings in the same zoning district.
(6) The granting of the variance will be in harmony with the general purposes and intent of this Zoning Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
Should the Board disapprove an application or request for a variance from the literal interpretation of this Zoning Code, no subsequent application requesting the same variance shall be filed by an applicant, whether or not by the same person, until the expiration of twelve months after the original or subsequent disapproval.
(Ord. 82-38. Passed 9-20-82.)