§ 2-411. Variances.

(a)

The board shall hear and decide applications for variances from the city's development requirements, but only where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, which at the time of adoption of the ordinance from which this article is derived and which forms the basis for this article, was a lot or plat of record; or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the city's development requirements would result in practical difficulties to, or undue hardship upon, the owner of such property.

(b)

In granting a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure, or use as it may deem advisable so that the purpose of the city's development requirements will be served.

(c)

The board shall not be authorized to grant a density variance or a use variance to permit a use in a district in which the use is prohibited.

(d)

No variance shall be authorized unless the board finds that all of the following conditions exist:

(1)

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

(2)

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

(3)

That the condition from which relief of a variance is sought did not result from action by the applicant.

(4)

That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the city.

(Code 1979, § 40-14.3-1)