The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done for the following reasons:
(a) Where the literal application of the provisions of this Zoning Code would result in unnecessary hardship peculiar to the property involved and not based on conditions created by the owner (a theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
(b) Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are only applicable to the property involved or to the intended use of the property or to a limited number of adjoining properties;
(c) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and
(d) Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Comprehensive Plan. When appealing for a variance or modification, the appellant shall state and substantiate his claim that each of the four conditions listed above exists.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)