(a) Conditions. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Zoning Ordinance and in the public interest. In authorizing a variance with attached conditions, the Board may require such evidence and guarantee of bond, as it may deem necessary, that the conditions attached are and shall be complied with.
(Ord. 1-1969. Passed 3-24-69.)
(b) Findings of Board. No such variance shall be authorized by the Board unless the Board finds by a preponderance of the evidence that all the following facts and conditions exist:
(1) There are exceptional or extraordinary circumstances applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;
(2) Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the vicinity; and
(3) The authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Ordinance or the public interest.
(c) No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of such property for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
(Ord. 16-1983. Passed 4-4-83.)
(d) Power to Reverse, Affirm or Modify. In exercising its power the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made, and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 1-1969. Passed 3-24-69.)