1185.13 VARIANCE.

   A variance from the strict application of the provisions of this chapter may be granted by the Board of Appeals. When application is made to the Building Commissioner for a permit under this chapter and the same is refused because the request does not comply with the provisions hereof, the Board of Appeals shall have the authority to vary the application of any provision of this chapter in terms of the following standards so that public health, safety, morals and general welfare may be safeguarded and substantial justice done:

   (a)    Where strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships provided that such hardships shall be found peculiar as applicable to the property in question, making it distinct from the general hardships of the district; or

   (b)    Where granting a variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances does not constitute, in and of itself, the basis for granting of a variance. (Ord. 2019-09. Passed 4-15-19.)