(A) When a property owner or his agent shows that a strict application of the terms of the zoning chapter relating to the use, construction or alteration of buildings or structures or the use of land, imposes upon him, practical difficulties or particular hardship, then the Board of Appeals may recommend such variances of the strict application of the terms of the zoning chapter as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that such a variance will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variance from the provisions of the zoning chapter, or in the following instances:
(1) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of the zoning chapter.
(2) To permit a front yard, a side yard or a rear yard less than that required by the zoning chapter, but such variation shall not exceed 25% of the depth of front yard, or the depth of the rear yard, or the width of the side yard, as required by the zoning chapter.
(3) To permit a building to exceed the height limit by not more than 10% of the height limit established by the zoning chapter.
(4) To permit the use of a lot less in area by not more than 20% of the lot area required by the zoning chapter.
(5) To permit the use of a lot less in width by not more than 20% of the lot width as required by the zoning chapter.
(6) To permit coverage of a lot in excess of 35% of the lot area but not more than 50% of the lot area as required by the zoning chapter.
(7) To interpret the provisions of the zoning chapter where the street layout actually on the ground varies from the street layout as shown on the zoning chapter of the city fixing the several districts.
(B) In considering all proposed variations to the zoning chapter, the Board shall, before recommending any variation from the zoning chapter in a specific case, first determine and make a finding of fact that the property in question cannot yield a reasonable return if permitted to use used only under the conditions allowed by the regulations in that zone; the plight of the owner is due to unique circumstances; and the variance, if granted, will not alter the essential character of the locality. A variance shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated; and further, the proposed variation will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the city.
(C) No variance shall be made except in a specific case and after a public hearing before the Board of Appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the city. This notice shall contain the particular location for which the variance is requested as well as a statement of what the proposed variance consists.
(D) The Board shall report its findings and recommendations to the Council within 15 days after the public hearing.
('71 Code, § 2-12-3)