(a) The Planning Commission shall have the power, upon application, to authorize variances from the provisions and requirements of this Zoning Code which shall not be contrary to the public interest or the intent and purpose of this Zoning Code, but only where, owing to special conditions pertaining to a specific piece of property the strict application of provisions or requirements of this Zoning Code would cause undue or unnecessary hardship.
(b) No such variance shall be authorized by the Planning Commission unless the Planning Commission finds that all the following facts and conditions exist:
(1) Exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same district or vicinity.
(2) The special circumstances or conditions do not result from actions of the property owner or any of his predecessors in title.
(3) Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same district or vicinity.
(4) The authorization of such variance shall not be materially detrimental to the public welfare or injurious to property in the district or vicinity in which the property is located.
(c) In modifying the literal interpretation and strict application of the provisions of this Zoning Code and in authorizing a variance therefrom the Planning Commission may impose such requirements and conditions regarding the location, character and other features of the proposed uses or structures as he may deem necessary in order to carry out the intent and purpose of this Zoning Code, and to safeguard otherwise the public health, safety convenience and general welfare.
(d) The Planning Commission shall have the power to establish definite time limits within which any usage authorized by a variance shall be commmenced. Any construction associated with a variance shall be governed by the requirements of its building permit as stated in Section 1125.01(d). (Ord. 1135. Passed 11-26-84.)