(A) Hardships and findings of fact - criteria. Where the Board of Zoning and Building Appeals finds that extraordinary hardships may result from strict compliance with this chapter and/or the purposes of this chapter may be served to a greater extend by an alternative proposal, it may approve variances to this chapter so that substantial justice may be done and the public interest secured; provided, that such variance shall not have the effect of nullifying any intent or purpose of this chapter; and further provided the Board shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this chapter are carried out; and/or
(4) Variances contrary to other applicable guidelines and ordinances shall not be granted.
(B) Conditions. In approving variances, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(Ord. 96-106, passed 3-20-1996)