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(A) An application for a variance shall be submitted to the Board of Adjustment by filing a properly filled out and signed application form with the Administrator and payment of the applicable fee.
(B) When unnecessary hardship would result from carrying out the strict letter of this chapter, the Board of Adjustment shall vary any of the provisions of this chapter upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of this chapter. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property;
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance;
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose, and intent of this subchapter, such that public safety is secured and substantial justice is achieved.
(C) No change in permitted uses may be authorized by variance.
(D) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(Prior Code, Ch. 1 Art. XII § 1208)