(a) Authority. The City Council, after receiving a report from the Zoning Board of Appeals containing its findings and recommendations, may vary the regulations of this Zoning Code if it finds that the variance requested is in harmony with the general purpose and intent and complies with all the standards for variances established herein.
(b) Standards for Variances. The Zoning Board of Appeals shall not recommend nor shall the City Council grant, any variance from the regulations of this Zoning Code unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The variance is in harmony with the general purpose and intent of this Zoning Code;
(2) Strict enforcement of this Zoning Code would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district;
(3) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this Zoning Code;
(4) The plight of the owner is due to unique circumstances; and
(5) The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.
(1977 Code §73-1302; Ord. 2010-53. Passed 12-20-10; Ord. 2018-46. Passed 9-4-18.)