(a) The Board may authorize, in specific cases, a variance from the specific terms of this Zoning Ordinance which will not be contrary to the public interest and where, because of special conditions, a literal enforcement of the provisions of the Zoning Ordinance will, in an individual case, result in unnecessary hardship, providing that the spirit of the Zoning Ordinance is observed, public safety and welfare are secured, and substantial justice is done. Such variance shall not allow any use not permitted by this Zoning Ordinance, and shall be in conformance with the City of Wamego Comprehensive Plan.
All of the following requirements shall be met before the Board may grant a variance:
(1) The applicant must show that his property was acquired in good faith.
(2) The request for a variance must arise from a condition which is unique to the property in question, is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant.
(3) The granting of a variance shall not adversely affect the rights of adjacent property owners or residents.
(4) The strict application of this Zoning Ordinance will cause unnecessary hardship upon the property owner represented in the application.
(5) The granting of a variance shall not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
(6) The granting of a variance must not violate the spirit and intent of this Zoning Ordinance.
(b) Variances from yard regulations may not be more than one-half the required yard and shall not encroach upon the required setback for adjacent buildings.
(c) In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify, the order, requirement, decision, or determination appealed from the City Building Inspector. The Board may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the same powers as the City Building Inspector from whom the appeal is taken. If the Board approved the variance, they shall notify the City Building Inspector of their decision and shall instruct him to issue a permit. A time limit may be specified as a condition for granting the appeal.
(d) Every variation granted or denied by the Board shall be accompanied by the written finding of fact, based on testimony and evidence, and specifying the reason for granting or denying the variance, a copy of which shall be filed in the office of the City Clerk to be available for public inspection.