(a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from the decision of the Building Official, the Building and Zoning Board of Appeals shall have the power in a specific case to vary or modify the application of any such provision in harmony with the general purpose and intent of the Zoning Code so that the public health, safety, morals, general welfare and convenience may be secured and substantial justice done. Such variance shall be limited to specific cases where the following conditions, also, exist:
(1) The practical difficulty or unnecessary hardship, which is inherent in and is peculiar to the premises sought to be used because of physical size, shape or other characteristics of such premises, or adjoining premises, which differentiate such premises sought to be used from other premises in the same district, and as to such premises sought to be used, shall create a difficulty or hardship caused by a strict application of the provisions of the Zoning Code not generally shared by other lands or structures in the same district;
(2) The refusal of the variance or modification appealed from shall deprive the owner of premises sought to be used of substantial property rights; and
(3) The granting of the variance or modification appealed from shall not be contrary to the purposes and intents of the provisions of the Zoning Code.
(b) In order to be entitled to relief under this section the appellant shall substantiate his claim that each of the three conditions hereinbefore listed exist, and the Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite of the granting of the variance or modification.
(c) When a variance is granted by the Building and Zoning Board of Appeals in conjunction with a Development Plan submittal required by Chapter 1126, the variance shall be final and conditional and shall expire, be void and of no effect after the expiration of one (1) year from the date of final City Council approval of the Development Plan unless (1) building permits have been applied for and issued by the Building Department; or (2) the Director of Planning and Development, upon timely application, administratively extends the approval rendered by the Building and Zoning Board of Appeals for a period of up to one (1) year. The failure of the Director to grant such request is final and not subject to review.
(Ord. 2015-76. Passed 11-4-15.)