(a) Purpose. The Board of Zoning Appeals after a public hearing, may vary the regulations of this Ordinance in harmony with the their general purposes and intent, only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Ordinance.
(b) Application for Variance and Notice of Hearing. An application for a variance shall be filed in writing with the Enforcing Officer. The application shall contain such information as the Board may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in the appropriate newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of the hearing. The Board shall thereafter reach its decision within 90 days from the filing of the appeal.
(c) Standards for Variances. The Board shall not vary the regulations of this Ordinance as authorized in Section 1137.06(a) above, unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) Because of the particular physical surroundings, shape, of 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 the regulations were to be carried out;
(2) The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase financial gain;
(4) The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the property;
(5) The granting of the variation will not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and
(6) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Ordinance.
(d) Authorized Variances. Variances from the regulations of this Ordinance shall be granted by the Board only in the following instances:
(1) To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80 percent of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the required facilities, whichever number is greater;
(5) To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served; and
(6) To increase by not more than 20 percent the maximum gross floor area of any use so limited by the applicable regulations.