(A) The Board of Zoning Appeals shall hear, deliberate, and forward a recommendation to the Town Council regarding use variances pursuant to § 156.358 of this code. Conditions may be imposed as part of the approval of the use variance. The Board of Zoning Appeals shall make a written recommendation to the Town Council.
(B) The Board of Zoning Appeals may forward a favorable recommendation only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some conditions peculiar to the property involved;
(4) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the Comprehensive Plan.
(Ord. 23, § 4.20.70, passed 3-19-1997)