The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, owing to and including the following special conditions:
(A) Permit variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
(B) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alterations of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance, and at the same time, the surrounding property will be properly protected.
(C) (1) The cost of compliance with the zoning ordinances is greater than 50% of the appraised value of the structure as shown on the most recent certified appraisal role;
(2) Compliance would result in a loss to the lot on which the structure is located of at least 25% of the area on which development may physically occur;
(3) Compliance would result in the structure not to be in compliance with a requirement of another city ordinance, building code or other requirements;
(4) Compliance would result in the unreasonable encroachment on the adjacent property or easement; or
(5) The city considers the structure to be a non-conforming structure.
(`88 Code, Ch. 12, § 3.08) (Ord. 254, passed 11-22-88; Am. Ord. O-2022-013, passed 6-21-22)