The Board shall have the power to make variances from the provisions of this Zoning Code in cases where the strict application of the provisions of this Code would result in practical difficulty or unnecessary hardship. The Board shall have the power to impose additional conditions and safeguards other than those stated in this Zoning Code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance use is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99.
In authorizing a variance with conditions the Board may require a guarantee or bond as it may deem necessary to enforce compliance with such conditions.
No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that all of the following facts and conditions substantially exist:
A. That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
C. That the authorization of such variance will not be of substantial detriment to adjacent property and will not impair the purposes of this Zoning Code or the public interest.
D. That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions.
E. That such variance shall, in no manner or guise, be construed to mean a change of use or density but shall mean only a variation or modification from the provisions of this Zoning Code.
(Ord. 98-176. Passed 8-3-98.)