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  • 3.

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

  • 4.

    That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.

    • 5.

      That no nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

  • B.

    The Board of Appeals shall determine that the requirements of the Ordinance have been met by the applicant for a variance.

  • C.

    The Board of Appeals shall determine that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

  • D.

    The Board of Appeals shall determine that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

  • E.

    In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.

  • F.

    Each variance granted under the provisions of this Ordinance shall become null and void unless:

  • 1.

    The construction authorized by such variance or permit has been commenced within one hundred eighty (180) days after the granting of such variance and pursued diligently to completion; or

  • 2.

    The occupancy of land or buildings authorized by such variance has taken place within one hundred eighty (180) days after the granting of such vari- ance.

G.

No application for a variance which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of three hundred sixty-five (365) days from such denial, except on grounds of new evidence or proof or changed conditions found by the Board of Appeals to be valid.

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