(a) The Zoning Board of Appeals is authorized to recommend to Council, upon appeal, a variance from the strict application of the provisions of this Zoning Code which would result in practical difficulties to a property owner where:
(1) The literal application of the provisions of this Zoning Code would result in undue hardship. Hardships which are unavoidable if the purpose and intent of this Zoning Code are to be realized, such as a theoretical loss or limiting possibilities of economic advantage, are general hardships, not undue hardships; likewise an undue hardship cannot be based on conditions created by the owner. It must be found that there are peculiar and special hardships applicable to the property involved which are separate and distinct from the general hardship prevailing in the districts;
(2) Where unique or exceptional circumstances or conditions apply only to the property involved or to the intended use of the property and do not apply to other property within the same zone. No variance shall constitute a grant of special privilege to an individual, when the variance would be necessarily denied to others. It must be found that there are unique or exceptional conditions justifying a variance on one lot, such as topographical or geological conditions, or type of adjoining developments and that a variance would be justified on any lot where similar, unique or exceptional circumstances prevail;
(3) Where granting of a variance will not be injurious to the property or improvements in the neighborhood in which the property is located or be materially detrimental to the public welfare. The existence of undue hardship or other exceptional circumstances shall not be ipso facto evidence for granting of a variance, for such hardships shall be balanced against the present conditions and extent to which such a variance would interfere with the proper future development and rights of adjacent property; and
(4) Where the granting of a variance will not be contrary to the purpose, intent and objectives of this Zoning Code and the Master Plan of the City.
(b) In recommending a variance, the Board may recommend and attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Zoning Code. In recommending a variance, the Board shall state the grounds on which it justifies its recommendation.
(c) A variance once approved by Council shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no construction is done in accordance with the terms and conditions for which such variance was granted, the Building Inspector shall give a notice in writing, and thirty days thereafter, the variance shall be deemed null and void, and all regulations governing the premises in question shall revert to those in effect before the variance was granted.
(Ord. 72-72. Passed 8-31-72.)