An exception may be granted to the requirements of this article when the board of appeals finds:
(1)
That special or peculiar conditions exist on the property to be improved which do not apply generally to lands or improvements in the same area, and that the circumstances or conditions are such that the strict application of the provisions of this article would deprive the applicant of the reasonable development of the property; and
(2)
The exception as granted by the board is the minimum that will accomplish the reasonable development of the property as determined in subsection (1); and
(3)
The granting of the exception will not be detrimental to the public welfare or injurious to the property or improvements in the general area; and
(4)
That the literal enforcement and strict application of the provisions of this article will result in unnecessary hardships, other than financial; and
(5)
In addition to considering the impact of the exception on adjacent property, the board, in determining its findings, has taken into account the actual or possible number of persons using the improvements and the land and traffic conditions in the vicinity, and in granting any exception for the provisions of this article the board may designate such conditions which will secure substantially the purpose and intent of this article.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-42; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-73; Ordinance 8568, sec. 18, adopted 3/8/1984)