Sec. 106-93. Grounds for appeal and standards for review of variances.
(a) Standards for appeal. With regard to variances, the only standards the board of adjustment shall apply, along with the standards stated in subsection (b) of this section, and the only grounds upon which an appeal to the board of adjustment may lie shall be that a literal enforcement of the provisions of this Code will result in unique, unnecessary and unreasonable hardship to the appellant.
(b) Additional findings. The board of adjustment shall not grant a variance, even where a provable ground exists under subsection (a) of this section, where:
(1) Knowingly created. The hardship was knowingly created or created without investigation of Code provisions by the appellant or by the owner or by the lessor or by the operator of the property; or
(2) Injury to use of adjacent property. The variance requested will injure the appropriate use of adjacent conforming property within the same district.
(3) Impairment of light and air. The variance requested will unreasonably impair a supply of light and air to adjacent conforming property.
(c) Noise variances. With regard to noise variances, the only standards the board of adjustment shall apply and the only grounds upon which an appeal to the board of adjustment may lie shall be as follows:
(1) Additional time is necessary for the applicant to alter or modify his or her activity or operation to comply with division 8 of article XVII of chapter 146.
(2) The activity, operation, or noise source will be of temporary duration and cannot be done in a manner that would comply with division 8 of article XVII of chapter 146.
The board may prescribe any reasonable conditions or requirement deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Code 1979, § 8-18; Ord. No. 95-53, exhibit A (§ 8-18), 9-11-1995)