Purpose: The purpose of this section is to provide for variations from the literal provisions of this Title in instances where an unusual hardship exists upon the land.
B. Board of Appeals and Adjustments: The Board of Appeals and Adjustments as defined within Title 11 Chapter 12 shall review all variance to this Title.
C. Review Criteria: The Board of Appeals and Adjustments shall not approve a variance unless they find that the following criteria, as applicable, have been met:
1. The variance, and its resulting construction or project, would be in keeping with the spirit and intent of this chapter.
2. The variance would alleviate an unusual hardship existing upon the land such as physical surroundings, shape, or topographical conditions. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
3. The variance and its resulting construction or project would not be detrimental to the public welfare or injurious to other nearby properties.
4. The variance requested is the minimum action required to alleviate the hardship.
D. Procedures: The Board of Appeals of Adjustments shall follow the procedures in Section 11-12-2 A. through F. and H. of the Zoning Ordinance. (Ord. B-91, 8-5-1997, eff. 8-11-1997; amd. Ord. B-286, 12-15-2020)