(A) The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of the zoning chapter only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning chapter in the neighborhood or district in which the property is located.
(2) That because of such physical circumstance or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(B) The Board shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental to the existing use of such building, provided, however, that the floor areas of such extension shall not exceed in all 100% of the use and provided further that such extension or extensions shall be undertaken within 5 years of the date when the use of such building became nonconforming.
(C) Notwithstanding any other powers to grant variances in this zoning code, the Board shall have no authority to grant any variance the effect of which would be to convert any current single family dwelling into a multiple family dwelling.
(1981 Code, § 150.70) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6761-97, passed 3-10-1997)