§ 120-51. Appeals for variances.

The Board of Appeals shall have the power to vary or modify the application of this chapter, where it imposes practical difficulties or unnecessary hardship. Upon appeal for a variance and after public notice and hearing, the Board of Appeals may grant such variances relating to the use, area, construction or alteration of structures or use of land, so that the spirit of this chapter is observed, public safety and welfare secured and substantial justice done.

A. 

Use variances.

(1) 

Use variances shall not be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused an unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:

(a) 

The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;

(b) 

The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

(c) 

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

(d) 

The alleged hardship has not been self-created.

(2) 

The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it deems necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

B. 

Area variances.

(1) 

In its consideration of area variances, the Board of Appeals shall take into account the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board of Appeals shall also consider:

(a) 

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

(b) 

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

(c) 

Whether the requested area variance is substantial;

(d) 

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(e) 

Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(2) 

The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.