(A) The Zoning Board of Appeals shall make a written findings of fact.
(B) For the Zoning Board of Appeals to make an affirmative decision on any proposed variation, it must consider the following items:
(1) Because of the particular physical surroundings, shape, or topographical conditions of a specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning district;
(3) The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property;
(4) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity in which the property is located; and
(5) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the vicinity.
(Ord. 1992-10, § 2004, passed 3-18-1993)