1028.21 VARIANCE FOR HARDSHIP.
   The Board of Zoning Appeals may grant a variance from the provisions of this chapter when undue hardship may result from strict compliance herewith.
   (a)   In granting any variance, the Board of Zoning Appeals shall prescribe conditions that it deems necessary or desirable for the public interest and in furtherance of the intent of this chapter.
   (b)   No variance shall be granted unless the Board of Zoning Appeals finds:
      (1)   There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
      (2)   That the variance is necessary for the preservation and enjoyment of a substantial property right by the applicant; or
      (3)   That the variance will further the objectives and policies of this chapter of the City Code.
(Ord. 682. Passed 8-18-99; Ord. 829. Passed 6-14-06.)