(a) Variances may be granted by the Zoning Board of Appeals where the strict application of any provision of this Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship to the property owner. A request for a variance may be made to the Board through the Zoning Administrator by an aggrieved property owner.
(b) A variance from the provisions or requirements of this Code shall not be authorized by the Board unless it finds that all the following facts and conditions exist:
(1) That unnecessary hardships would result from the literal enforcement of the provisions of this Zoning Ordinance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardships. A hardship based on conditions created by the owner shall not be considered a sufficient hardship for the granting of a variance. It must be demonstrated that peculiar and special hardships exist which apply only to the property in question and are separate and distinct from the general conditions pertaining throughout the district.
(2) That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness, or shallowness of lot size or shape, exceptional topographical or other physical conditions.
(3) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Ordinance and that authorization of a variance is therefore, necessary to enable the reasonable use of the property.
(4) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity and that the granting of such variance will not be injurious to persons working or residing in the neighborhood.
(5) That the granting of such variance will not be contrary to the public interest (health, safety) or the intent and purpose of this Code and other adopted plans.
(6) That such variance will not permit the establishment within a district of any use other than those permitted by right within that district, or any use for which a conditional permit is required.
(7) That such variance may not be construed to mean a change of use but shall mean only a variation or modification from the strict provisions of this Code.
(8) That such variance, if granted, is the minimum modification that will make possible the reasonable use of the land, building, or structure.
(9) That in no instance shall a variance be considered for the following reasons:
A. Presence of non-conformities in the zoning district.
B. Previous variances granted in the zoning district.
C. Uses in adjoining zoning districts.
D. The applicant's belief that the intended use would be permitted upon his/her purchase of the land.
E. The character standing of the applicant.
F. Hardship being demonstrated beyond the context of zoning; for example, economics.
(c) Variations to non-conforming uses and buildings: The Board shall have no powers to authorize, as a variance, the establishment of a non-conforming use or extensions of or changes in non-conforming uses. Regulation of existing non-conforming uses are provided for in Chapter 1127 of this Ordinance.