The Board, subject to the approval and confirmation of the City Council, in each case as hereinafter provided shall have the power to grant adjustments in and exceptions to any of the provisions of this chapter to the extent of the following and no further:
(A) To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties or unnecessary hardships resulting from strict application;
(B) To permit the extension of a district where the boundary line thereof divides a lot in 1 ownership at the time of the passage of this chapter, but extension of any district shall not exceed 100 feet;
(C) The Board shall not recommend, and the Council shall not grant, any application unless they find that the applicant has presented a statement and evidence, in a form as the Board may require, sufficient to show the following facts:
(1) That there are special circumstances or conditions affecting the land, building or use referred to in the application;
(2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and
(3) That the granting of the application will not materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(Ord passed 4- -1995; Am. Ord. passed 8- -2001)