The city-county planning board shall act as a zoning commission whose duty it shall be to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein.

(Prior code § 17.08.010)

A.

It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application.

B.

The zoning commission shall not recommend that land use variances be granted:

1.

Unless the denial would constitute an unnecessary and unjust invasion of the right of property;

2.

Unless the grant relates to a condition or situation special and peculiar to the applicant;

3.

Unless the basis is something more than a mere financial loss to the owner;

4.

Unless the hardship was created by someone other than the owner;

5.

Unless the variance would be within the spirit, intent, purpose and general plan of this title;

6.

Unless the variance would not affect adversely or injure or result in injustice to others; and

7.

Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment.

(Prior code § 17.08.015)