§ 62-253. Prerequisites to granting of variance.

(a)

A variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship; provided, specifically, however, that personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance. Economic reasons may be considered only in instances where a landowner cannot yield a reasonable use and/or reasonable return under the existing land development regulations. In order to authorize any variance from the terms of this chapter, the board of adjustment shall find all of the following factors to exist:

(1)

That special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification;

(2)

That the special conditions and circumstances do not result from the actions of the applicant;

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, buildings or structures in the identical zoning classification;

(4)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant;

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and

(6)

That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

In no case shall the board of adjustment grant a variance which will result in a change of land use that would not be permitted in the applicable zoning classification.

(Code 1979, § 14-20.65(C); Ord. No. 95-50, § 1, 10-19-95)