| 105.3 | Variances. To authorize upon appeal in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings, or structures in the same district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. The fact that property may. be utilized more profitably will not be considered adequate to justify the Board in granting a variance. A variance may be granted for unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist:
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105.31 | 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 lands or structures in the same district. |
| 105.32 | Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located. |
| 105.33 | A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located. |
| 105.34 | The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare. |
| 105.35 | The special circumstances are not the result of the actions of the applicant. |
| 105.36 | The variance requested is the minimum variance that will make possible the legal use of the land, building or structure. |
| 105.37 | The variance is not a request to permit a use ofland, building or structure, which is not permitted by right or by special exception in the district involved. |
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