§ 416. Variances.
The governing body is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use or conditional use of neighboring land, buildings or structures in the same zoning district or of permitted uses, conditional uses or nonconforming uses in other zoning districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application and public hearings in accordance with the policies and procedures ordinance, upon specific findings that all of the following conditions exist, with the absence of any one of the conditions being grounds for denial of the application for variance:
1.
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and
2.
A literal interpretation of the provisions of these regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and
3.
Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and
4.
Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or the health or general welfare of the public in such a manner as will interfere with or discourage the appropriate development and use of other property or unreasonably affect its value; and
5.
The special circumstances are not the result of the actions of the applicant; and
6.
The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and
7.
The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.