The Board shall have the power to authorize, upon appeal in specific cases, such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary hardship. A variance from the terms of these zoning regulations shall not be granted by the Board unless and until:
1. Submission of Application. A written application for a variance is submitted demonstrating that:
A. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district.
B. Literal interpretation of the provisions of these zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these zoning regulations.
C. The special conditions and circumstances do not result from the actions of the applicant.
D. Granting the variance requested will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, structures, or buildings in the same district.
2. No nonconforming use of neighboring land, structures, or buildings in the same district, and no permitted use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
3. Notice of Hearing. Notice of public hearing shall be given consistent with the provisions of Section 166.13 of this chapter.
4. Hearing. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
5. Findings. The Board shall make findings that the requirements of this section have been met by the applicant for a variance.
6. Justification For Granting Variance. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
7. Conditions For Granting Variance.
A. The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
B. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these zoning regulations.
C. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of these zoning regulations in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.