18-23-103. STANDARD OF GRANT OF VARIANCE.

1. A variance may be granted only if the Commission finds, the documents in writing its findings and their bases, that:
   1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this Title;
   2. There are exceptional or extraordinary circumstances or condition applying to the land, buildings, or uses referred to in the petition, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land, uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions;
   3. Granting the petition will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises;
   4. Such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner;
   5. Granting the petition will not adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant or of the Reservation community; and
   6. Granting of the petition will be in general harmony with the intent and purpose of this Title.

However, the Commission shall grant no variance to allow the use of property for a purpose not authorized as a permitted or conditional use within the zone in which the proposed use would be located. That is, the Commission may not grant a variance to allow a use that would be a special or forbidden use within that zone. In granting a variance, the Commission may attach conditions necessary to protect the best interests of the surrounding property and the Reservation as a whole and to achieve the purposes of this Title.