The Board of Zoning Appeals shall have the following powers:
(a) Appeals. To hear and decide appeals whereby it is alleged there is error in any interpretation, order, requirement, decision or determination by the Administrative Officer in the administration and enforcement of the provisions of this Zoning Ordinance.
(b) Variances. To authorize upon appeal, whereby reasons of exceptional narrowness, shallowness, shape or exceptional topographic conditions, or other extraordinary situations or conditions of a lot, the strict application of the terms of this Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof and to authorize a variance from such strict application to relieve such difficulties or hardship provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the Ordinance, and providing further that no variance shall be granted unless the Board finds that all the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not generally apply to other land or buildings in the vicinity.
(2) The requested variance shall not constitute a change in land use resulting in the establishment of a use not normally permitted in the applicable use district.
(3) The granting of the application is necessary for preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant.
(4) The authorizing of the variance does not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair the established property values within the surrounding areas or in any way impair the health, safety, convenience or general welfare to the inhabitants of the community.
(5) The special conditions or circumstances which form a basis for the variance application shall not result from the actions of the applicant.
(6) Nonconforming use in neighboring buildings, structures, lots, or uses in the same use district, and permitted or nonconforming use of buildings, structures, lots, or uses in other use districts shall not be considered grounds for the issuance of a variance.
(c) Other Powers. The Board shall have such other powers as granted to it by the City Charter.
(Ord. 113-9. Passed 1-17-94.)