(A) The Board of Adjustment shall have any duty to authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, building or structure in the same district, or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. Such variance may be granted in such individual cases, unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist.
(1) There are exceptional conditions pertaining to the particular piece of property in question because of its shape, size or topography that are not applicable to other lands or structures in the same district, or there is a peculiar characteristic of an establishment which makes the parking and/or loading requirements of this chapter unrealistic.
(2) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents in the district in which the property is located.
(3) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
(4) The requested variance will be in harmony with the purpose and intent of this chapter, and will not be injurious to the neighborhood or to the general welfare.
(5) The special circumstances are not the result of the actions of the applicant.
(6) The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.
(7) The variance is not a request to permit a use which is not a permitted or conditional use in the district involved.
(B) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards to ensure that substantial justice has been done and that the public safety and welfare has been assured. Such conditions may be imposed by the Board regarding the location, character and other features of the proposed building, structure or use as may be deemed by the Board to protect property values and general welfare of the neighborhood. Nonconformance with such conditions and safeguards, when part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(1992 Code, § 152.139) (Ord. passed 11- -1988) Penalty, see § 152.999