§ 11-44-107. Variances.

A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions as provided in this article, only upon a finding by the board of adjustment that:

1.  The application of the ordinance to the particular piece of property would create an unnecessary hardship;

2.  Such conditions are peculiar to the particular piece of property involved;

3.  Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

4.  The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

Amended by Laws 1988, c. 198, § 4, emerg. eff. June 9, 1988.