Upon appeal from a decision by the Zoning Officer and within thirty days of such appeal, the Board shall hear requests for variances where it is alleged that the provisions of this Zoning Ordinance inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and require preliminary application to the Building Inspector. The Board may grant a variance, provided the following findings are made where relevant in a given case:
(a) 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 peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Zoning Ordinance in the neighborhood or district in which the property is located;
(b) 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 the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(c) That such unnecessary hardship has not been created by the appellant;
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare; and
(e) That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.
(Ord. 2717. Passed 2-10-86.)