The Board shall not:
(A) Make any changes in the uses permitted in any zoning district, or make any changes in the terms of this chapter; provided, the restriction in this division (A) shall not affect the authority to grant variances pursuant to this chapter;
(B) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner;
(C) A variance shall not be granted by the Board unless and until:
(1) A written application for variance has been submitted demonstrating that 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 zoning district;
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter;
(3) The alleged hardship caused by literal interpretation of the provisions of this chapter includes more than personal inconvenience and financial hardship and is not the result of actions by the applicant;
(4) Granting the variance will not confer upon the appellant any special privilege that is denied by this chapter to other land, structures or buildings in the same zoning district;
(5) Granting the variance will not interfere with or substantially or permanently injure the appropriate use of adjacent conforming properties in the same zoning district;
(6) A hearing has been held in accordance with requirements of this section;
(7) The Board finds that the reasons set forth in the appeal 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; and
(8) The Board finds that granting of the variance will be in harmony with the general purpose of intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(Prior Code, § 12-9.07) (Ord. 747, passed - -1995)