§ 158.413  VARIANCES.
   The zoning board of adjustment shall not vary the regulations unless it shall make findings based upon the evidence presented to it in each specific case that all of the following conditions are present:
   (a)   The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
   (b)   The conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use;
   (c)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located;
   (d)   The proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area;
   (e)   That because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
   (f)   The variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations;
   (g)   The board shall hear and make determinations on variance to exceed the height limits as established by these regulations; and
   (h)   The board of adjustment, under its authority to grant variances may impose reasonable conditions on the grant, and one accepting those conditions is bound by them.
(1992 Code, App. F, § 21.04)  (Ord. 10-06, passed 1-23-2006)