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Variances
The Zoning Hearing Board may grant a variance to a provision of this chapter, provided the following standards are satisfied where relevant in a given case:
A. Unique or irregular conditions. The site shall have unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property. An unnecessary hardship must be created by such conditions, and not the circumstances or conditions generally created by the provisions of the chapter in the district in which the property is located.
B. Strict conformity cannot occur. Because of the physical circumstances or conditions described in Subsection A, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter so the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. Liability of the applicant. Such unnecessary hardship described in Subsection A has not been created by the applicant, subsequent to the adoption of this chapter, or prior ordinances, and strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D. Impact of variance on district. The variance, if authorized, will not alter the essential character of the applicable zoning district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor impact negatively on buildings or districts of historical or architectural significance, nor be detrimental to the public welfare.
E. Minimum variance. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulations in issue.
F. Conditions. The variance, if authorized, shall be subject to such conditions as will assure that the adjustment to provisions of this chapter shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.
G. Financial gain. In no case shall a variance be granted solely for reasons of additional financial gain on the part of the applicant.