The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this Ordinance. The Zoning Board of Adjustment shall be authorized to grant a variance from the terms hereof if, and only if, the Board finds, after public notice and public hearing, that: (1) due to special conditions, the strict enforcement of this Ordinance would, result in unnecessary hardship to the applicant; (2) the requested variance is not contrary to the public interest; (3) the granting of the variance would preserve the spirit and intent of the Ordinance; and (4) substantial justice is done by the granting of the variance In addition, variances shall only be granted when the appropriate use of neighboring property will not be substantially or permanently injured. In granting such variances, the Board of Adjustment shall not permit within any District a use that is not permitted in that District and the district regulations as set forth in this Ordinance.

Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute unnecessary hardship.

The reconstruction of a building occupied by a non-conforming use, provided such reconstruction does not prevent the eventual return of such property to a conforming use, may be permitted.

Modifications of yard, open space, parking lot area, or lot width regulations as may be necessary to secure appropriate development of a parcel of land where such parcel was separately owned at the time of the passage of this Ordinance and is such that it cannot be appropriately developed without such modification, may be permitted.

The Board of Adjustment may require the discontinuance of non-conforming uses of land (not primary structures), under any plan whereby the full value of any improvement can be amortized within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Ordinance.

The reduction of required off-street parking may be permitted, if it can be shown that the required minimum as herein established will not at any time be necessary because of the character of proposed uses and a probable limited quantity of employees, clients, customers or tenants.

The Board of Adjustment shall set a reasonable time for the hearing of a request for a variance and shall give written notice to all interested parties. In addition, at least fifteen (15) days’ advance notice shall be published at least once in the official City publication stating the time and place of such hearing, the parties requesting the variance, and a description of the land that is the subject of the variance request. The Board of Adjustment shall mail notices of such hearings to the applicant and the owners of property lying within two hundred (200) feet of the property regarding which the variance is requested, and to all other persons deemed by the Board to be affected. Such owners and persons shall be determined according to the current tax rolls of the City.

Appeals to the Zoning Board of Adjustment may be made by any person aggrieved, or by any office, department, board, or bureau of the City affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing a written appeal with the Building Official, and with the Board of Adjustment. The appeal shall specify the grounds for the appeal. The Building Official shall transmit all papers constituting the record in the matter to the Board of Adjustment.

The Board of Adjustment shall have jurisdiction to decide appeals where it is alleged there is error in the order, requirement, decision, or determination made by the Building Official in the enforcement of this Ordinance.

The Board of Adjustment shall set a reasonable time for the hearing of an appeal and shall give written notice to all interested parties. In addition, at least fifteen (15) days’ advance notice shall be published at least once in the official City publication stating the time and place of such hearing, the parties appealing, and a description of the land that is the subject of the appeal. The Board of Adjustment shall mail notices of such hearings to the applicant and the owners of property lying within two hundred (200) feet of any portion of land regarding which the appeal is filed and to all other persons deemed by the Board to be affected. Such owners and persons shall be determined according to the current tax rolls of the City.

In exercising its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Building Official from whom the appeal is taken.

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Building Official. The concurring vote of four (4) members of the Board of Adjustment shall also be necessary to decide in favor of any applicant on any matter upon which the Board is authorized to decide under this Ordinance other than an appeal.

Written determination of all hearings shall be mailed to the applicant by certified mail, return receipt requested. Upon receipt or return of notice for any reason, except no such address, the notice shall be deemed received.

Any person aggrieved by any decision of the Board of Adjustment, any taxpayer, or any officer, department, board, or bureau of the City may present to a court having jurisdiction a petition, duly verified, setting forth that such a decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the decision is filed in the Office of the Board of Adjustment.

Upon the presentation of such petition, the Court may grant a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment. The writ shall prescribe the time within which a return must be made and served on the petitioner’s attorney, which shall not be less than ten (10) days, and may be extended by the Court. The granting of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application and after notice to the Board, and on due cause shown, grant a restraining order.

Return of certified copies and procedures in court proceedings.