The Board of Zoning Appeals shall have the power to hear and decide appeals, filed as hereinbefore provided, for relief from an alleged hardship or where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other administrative official in the interpretation of the provisions of this Zoning Code.
(a) Variances; Literal Enforcement Would Create Undue Hardship. The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship.
(b) Variances; Conditions Prevailing. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code (Ordinance 1420, passed February 28, 1966), or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty or would cause unnecessary hardship, unnecessary, that is, to carry out the spirit and purpose of this Zoning Code, the Board shall have power to authorize a variance from the terms of this Zoning Code so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Zoning Code and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee or bond, as it may deem to be necessary, that the conditions attached are being and will be complied with.
(c) Variances; Findings of the Board. No such variance in the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:
(1) Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;
(2) Preservation of property rights. 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;
(3) Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Zoning Code or the public interest;
(4) Not of general nature. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of such property for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
(d) Variances; Board May Reverse Orders, Etc. In exercising its power, the Board may, in conformity with the provisions of statute and of this Zoning Code, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 1420. Passed 2-28-66.)