(A) (1) To grant a variance, the Board must find that:
(a) The granting of the variance will be in harmony with the general purpose and intent of this chapter;
(b) Will not be injurious to the neighborhood;
(c) Is the minimum variance that will make possible the reasonable use of the land, building or structure; and
(d) Will not be detrimental to the public welfare.
(2) The fact that the subject property may be utilized more profitably will not be an element of consideration before the Board.
(B) To grant a variance, the Board shall additionally determine:
(1) That special conditions and circumstances exist that are peculiar to the land (such as size, shape or topography), structure or building involved and that are not applicable to other lands, structures or buildings in the same district;
(2) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That the special conditions and circumstances do not result from the action of the applicant;
(4) That granting the requested variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district;
(5) That granting the variance will not allow a use that is not permissible under the terms of this chapter in the district involved, or a use that is expressly or by implication prohibited in the said district;
(6) That the proposed variance will not amount to a rezoning of the land in question or constitute a change in the district boundaries; and
(7) That the proposed variance will not be injurious to the property and improvements in the vicinity and district in which the subject property is situated.
(Prior Code, § 10-7-8)