(a) The Building and Zoning Board of Appeals shall have the power to hear and make recommendations to Council upon appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Code Enforcement Officer or other official in the interpretation or in the enforcement of the provisions of this Zoning Code.
(b) The Board shall have the power to make recommendations to Council upon appeal in specific cases, filed as hereinbefore provided, relative to variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship.
(c) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code (Ordinance 4320, passed November 15, 1993), or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulties or would cause undue hardship, unnecessary to carry out the spirit and purpose of this Zoning Code, the Board shall have power to recommend a variance from such strict application, so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. In recommending a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it deems necessary in the interest of the furtherance of the purpose of this Zoning Code and in the public interest. In recommending a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it deems to be necessary to assure that the conditions attached are being and will be complied with.
(d) No variance shall be recommended unless the Board finds:
(1) That the recommendation of the variance will not be of substantial detriment to adjacent property;
(2) That the recommendation of the variance will not materially impair the purposes of this Zoning Code; and
(3) That the condition or situation of the specific property from which a variance is sought, or the intended use of such property, or both, is not of so general or recurrent a nature as to make reasonably practicable the formulation of general regulations for such condition, situation or use, except for those in this Zoning Code, if any.
(Ord. 4320. Passed 11-15-93.)