(b) The board of zoning appeals shall grant a variance to the zoning ordinance if it finds that the variance:
(1) Will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents;
(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;
(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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