(A) The Approval Authority may authorize variances from the standards of this chapter where it can be shown that owing to special and unusual circumstances related to a specific property, the literal interpretation of this chapter would cause an undue or unnecessary hardship. In granting a variance, the Approval Authority may attach conditions found necessary to protect the best interest of the surrounding property or neighborhood, and to otherwise achieve the purpose of this chapter.
(B) Criteria. No variance shall be granted pursuant to the provisions of division (A) unless the applicant can establish that:
(1) That special conditions exist which are peculiar to the land involved and which are not applicable to other lands in the general vicinity of the subject property;
(2) That strict interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the general vicinity of the subject property under the terms of this chapter;
(3) That the special conditions or circumstances do not result from the actions of the applicant and such conditions do not merely constitute pecuniary hardship or inconvenience; and
(4) That granting the variance will be in harmony with the objectives of this chapter, and not injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 2004-006, passed 8-23-04)