5-157. BZA Appeal Requesting a Variance.
The Board of Zoning Appeals may authorize in specific cases a variance from specific terms of the Zoning Regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the regulations, in an individual case, results in unnecessary hardship, and provided that the spirit of the regulations will be observed, public safety and welfare secured and substantial justice done. Whenever an appeal is filed with the Board requesting a variance from the Zoning Regulations, the Board may grant a variance upon a finding by the Board that all of the following conditions have been met:
A. That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;
B. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
C. That the strict application of the provisions of the Zoning Regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
D. That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and
E. That granting the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.
No variance may permit any use not permitted by the Zoning Regulations in such district. In granting any variance, the Board shall prescribe any condition that it deems to be necessary or desirable. [Ord. 1267, 09-14-09.]