Appeals from the building official's decision and requests for variances as to any provisions of this chapter may be made to the City. The City Council may grant a variance to the strict terms or requirements of this chapter as it affects specific tracts of land if it finds:
A. It is shown by reason of topography or other physical conditions that strict compliance with requirements of this chapter could cause an exceptional and undue hardship to the enjoyment of a substantial property right.
B. By the granting of the variance, the spirit and intent of this chapter will not be adversely affected.
C. That the variance will not be injurious to the health and/or general welfare of:
1. The users of the system for which the variance is sought;
2. The adjacent property owners; and
3. The general community as a whole.
D. That the establishment, maintenance, or operation of the system as permitted by the variance will not be detrimental to or endanger the public health, safety or general welfare, and is not contrary to established standards, regulations, or ordinances of other governmental agencies. (Ord. 1993-7, 6-15-1993; amd. Ord. 2021-12, 10-4-2021)