Section 36-7-4-918.4 - Board of zoning appeals; variance of use ADVISORY-METRO. A board of zoning appeals shall approve or deny variances of use from the terms of the zoning ordinance. The board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in writing that:
(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;(2) the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;(3) the need for the variance arises from some condition peculiar to the property involved;(4) the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and(5) the approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter.As added by P.L. 357-1983, SEC.13.