In the case of appeals requesting a variance, the Board may grant a reasonable variance in a specific case and from a specific provision of this chapter, subject, however, to appropriate conditions; and provided that the Board makes specific findings of fact, based on the evidence presented on the record as a whole, that the following factors have been established by the required standard of proof:
(A) There are practical difficulties or unnecessary hardships in carrying out the strict letter of the notice or order;
(B) Due to the particular circumstances presented, the effect of the application of the provisions of this chapter would be arbitrary in the specific case;
(C) An extension of time to bring the property into compliance with the provisions of this chapter would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect;
(D) Such a variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare;
(E) The granting of such variance will not render the structure unsafe; and
(F) The structure benefitted by the variance conformed with all applicable provisions of this code, including, but not limited to, zoning provisions, at each of the following times:
(1) At time of construction;
(2) At the time of its conversion to commercial business/property status; and
(3) At the time of any increase in number of commercial business/property units in the structure.
(Ord. 2449, passed 7-1-2024)