(a) Any person who desires to erect or increase the height of a structure, permit growth of an object of natural growth or otherwise use property located within the development zone or the airport hazard area in violation of the height restrictions imposed by this division or in violation of the use restrictions imposed by § 3-265(d), (e) or (f) of this division may apply to the board for a variance.
(b) The board shall allow a variance from the height restrictions imposed by this division or from the use regulations imposed by § 3-265(d), (e) of (f) of this division if:
(1) A literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship; and
(2) The granting of the relief would:
a. Result in substantial justice being done;
b. Not be contrary to the public interest; and
c. Be in accordance with the spirit of this division and the Act; provided, however, the board may impose any reasonable conditions (including, but not limited to, the conditions described in § 3-268(b) hereof) on the granting of the variance that the board considers necessary to accomplish the purposes of the Act.
(Ord. 10121, § 2, passed 6-2-1988)