The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, convenience, comfort, and general welfare may be safeguarded and substantial justice done for the following reasons:
(a) Where unnecessary hardships would result from the literal application of the provisions of this Code. Hardships which are unavoidable if the purpose and intent of this Code are to be realized, such as theoretical loss or limited possibilities of economic advantage, are not unnecessary hardships. Likewise, a hardship based on conditions created by the owner is not an unnecessary hardship. It must be found that there are peculiar and special hardships as applicable to the property involved which are separate and distinct from the general hardship in the district; and
(b) Where exceptional circumstances or conditions, only applicable to the property involved or to the intended use of the property, do not apply to other property within the same district. The mere fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him a right to a variance and thus grant a special privilege to an individual when said variance would be necessarily denied to others. It must be found, on the other hand, that there are exceptional conditions justifying a variance on one lot, such as topographical or geological features or type of adjoining developments, and that a variance would be justified on any lot where the same exceptional circumstances prevail; and
(c) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance, for such hardships must be balanced against the present conditions and extent such a variance would interfere with the proper future development and rights of adjacent property; and
(d) That the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans. A variance merely permits that which is contemplated in this Code for unnecessary hardships and exceptional circumstances. On the other hand, that which was not contemplated in this Code, although deemed desirable, should be effected by amendments.
(Ord. 474. Passed 8-27-73.)