The Board shall have jurisdiction and power in passing upon appeals to grant variances or modify in specific cases the strict application of the provisions of this Chapter provided that the conditions set forth in this Article are met.

(Prior code 17.56.010)

No variation or modification of the application of any provision of this Chapter shall be authorized except after public hearing thereon, notice of time and place and purpose of such hearing to be given pursuant to Section 16-14.5 of this Code.

(Prior code 17.56.020; Ord. 937, §13, 2023)

There shall be unnecessary and substantial hardship in applying the strict letter of such provisions, provided that no such variation or modification theretofore or subsequently authorized or existing shall constitute or be construed as a precedent, ground or cause for any other variation or modification by the Board, and that such power to vary or modify shall be strictly construed as specifically enumerated within the jurisdiction of the Board.

(Prior code 17.56.030)

The authorization to vary or modify the provisions of this Chapter includes only the authority to vary or modify the physical requirements of this Chapter. However, in the matter of granting such variance, the Board shall first find that the following conditions are present:

(1)

That the plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property not created by the owners and not due to general conditions in the district in which the property is located;

(2)

That the development or use of the property if held strictly to the zoning standards of the district in which it is located cannot yield a reasonable return in service, use or income compared to adjacent conforming property in the same district;

(3)

That the variance, if authorized, will neither weaken the general purpose of this Chapter nor the regulations prescribed for the district in which the property is located;

(4)

That the variance, if authorized, will not alter the essential character of the district in which the property is located;

(5)

That the variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property.

(Prior code 17.56.040)

(a)

The Board is authorized to interpret the provisions of this Chapter in such a manner as to carry out the intent and purpose of the zoning ordinance and zoning map, whenever any question arises regarding the application of this Chapter;

(b)

The Board shall be required to further submit a report to the City Council and Planning Commission requesting amendments to the Chapter to clarify the intent and purpose of any Section or Paragraph on which they have occasion to rule upon.

(Prior code 17.56.050)

The Board shall have the authority to require any reasonable stipulation which might be necessary to properly protect the general welfare when granting said variances or conditional uses.

(Prior code 17.56.060)

The Board shall have the authority to adopt, publish and make available such rules and regulations as may be deemed necessary to carry into effect the provisions of this Chapter, which rules and regulations shall be kept on file in the office of the City Clerk.

(Prior code 17.56.070)

Nothing contained in this Article shall be construed to empower the Board to change the terms of this Chapter or to effect changes in the zoning map of the City. The powers of the Board shall be narrowly interpreted and strictly construed so that this Chapter and map shall be strictly enforced.

(Prior code 17.56.080)

Any person or persons jointly or severally aggrieved by any decision of the Board or any resident taxpayer or any officer, department, Board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.

(Prior code 17.56.090)