(A) To interpret the chapter, being:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of the Zoning Code;
(2) To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this chapter; and
(3) To interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map fixing the several districts accompanying and made a part of the Zoning Code where the street layout on the ground varies from the street layout as shown on the zoning district map.
(B) To permit the following two exceptions:
(1) Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station; and
(2) Reconstruction of a non-conforming building that would otherwise be prohibited.
(C) To authorize such variances from the provisions or requirements of the Zoning Code as will not be contrary to the public interest. In authorizing any variance, the Planning Commission may attach such conditions and require such guarantees or bonds as it may deem necessary to secure substantial compliance with the objectives of the Zoning Code. Where the Planning Commission determines that extraordinary and unnecessary hardship may result from strict compliance with the Zoning Code, the Commission may grant a variance from such strict compliance only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Code in the neighborhood or district in which the property is located;
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That such extraordinary and unnecessary hardship has not been created by the applicant for the variance;
(4) That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, or be detrimental to the public welfare; and
(5) That the variance, if granted, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation(s) at issue.
(Prior Code, § 152.03) (Ord. 95-3, passed 2-28-1995; Ord. 96-24, passed 8-15-1996)