SEC. 62.105.5. APPLICATION FOR DEVIATIONS FROM THE PROVISIONS OF SECTIONS 62.105.1 (a), (b), (c) AND (d), 62.105.2 , 62.105.3 AND 62.105.4 .

   (Amended by Ord. No. 162,096, Eff. 4/27/87.)

   (a)   Any person desiring permission to deviate from the requirements of Section 62.105.1(a), (b), (c) or (d), 62.105.2, 62.105.3 or 62.105.4 may file a request therefor in writing with the Board of Public Works. The request must state the exact nature of the deviation requested, and the reason or reasons for requesting it.

   (b)   The Board may grant deviations from the requirements of Sections 62.105.1(a), (b), (c) and (d), 62.105.2, 62.105.3 and 62.105.4, provided it first determines that the following conditions exist:

   1.   That the deviation requested arises from unusual or extraordinary physical conditions, or is necessary to permit the proper and lawful development and use of the applicant’s property;

   2.   That the granting of the deviation requested will not be contrary to the public safety, convenience and general welfare;

   3.   That the granting of the deviation will not adversely affect the rights of adjacent property owners or tenants; and

   4.   That the specific application of the above-mentioned provisions would create unnecessary hardship in the development or use of the property.

   These decisions on deviations shall be in writing and shall specify the conditions and terms upon which they are granted.