A. The board shall act on the application within forty five (45) days following the filing date or within forty five (45) days after the close of a public hearing, if any. The board may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the board makes the following findings: (Ord. 622, 9-2-1980; amd. Ord. 643, 4-21-1981)
1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.
B. The board may grant a variance to a regulation prescribed by this title, with respect to off street parking facilities or off street loading facilities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the commission makes the findings prescribed in subsection A of this section and the following additional findings:
1. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
2. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
3. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this title.
C. In approving a variance, the board shall add such conditions of approval as the board deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under section 10-21-1 of this chapter.
D. A variance may be revocable, may be granted for a limited time period or may be granted subject to such conditions as the board may prescribe. The board may deny a variance application.
E. A variance shall become effective upon the expiration of ten (10) days following the date on which the variance was granted unless an appeal has been taken to the city council. (Ord. 622, 9-2-1980)