The ZBA, after public hearing, shall have the power to decide applications for variances from the provisions or requirements of this chapter; provided that it finds, from reasonable evidence, that all of the following facts and conditions exist as follows:
(A) Where the literal enforcement of this chapter would involve practical difficulties or would cause undue hardship by reason of the exceptional narrowness, shallowness, or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary situation of the premises, or of the use of the premises, immediately adjoining the premises in question;
(B) Where there is practical difficulty or unnecessary hardship in meeting the strict letter of this chapter so that the spirit of this chapter may be observed, public safety secured, and substantial justice done;
(C) Where the condition or situation of the property, or the intended use of the property, is not of so general or recurrent a nature as to make reasonably practical a general regulation as part of this chapter;
(D) Where there is reasonable evidence that the variance will not be detrimental to adjacent property and will not impair the intent and purposes of this chapter or the public health, safety, and general welfare;
(E) Where there are exceptional or extraordinary circumstances or conditions applying to the specific property that do not apply generally to other properties in the zoning district affected;
(F) Where the variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the zoning district. Financial gain alone shall not be deemed sufficient to warrant the granting of a variance; and
(G) With respect to use variances, in addition to the above, that the property for which a variance is sought cannot reasonably be used in a manner consistent with existing zoning.
(Prior Code, § 154.356) (Ord. 48, passed 6-21-2005)