When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict interpretation and enforcement of any of its provisions, the Board of Adjustment, upon its own motion, may, or upon the application of any interested person shall, initiate proceedings for consideration of the granting of a variance from the provisions of this chapter under such conditions as may be deemed necessary to assure that the intent and purpose of this chapter will be observed and that the health, safety, and welfare of the community be secured, and that substantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by such variance but subject to the other provisions of this chapter, particularly §
450-63, below.
The sole purpose of any variance shall be the modification of the specific regulations of this chapter and shall be for the purpose of assuring that no property, because of unique circumstances applicable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. Variances are hereby declared to be administrative acts, and the authority to approve, conditionally approve, or disapprove a petition for a variance is hereby vested in the Board of Adjustment, subject to the provisions noted in §
450-84, titled "Setting hearings." Self-imposed hardships shall not be justification for granting a variance.
A variance shall not be construed to be an amendment to this
chapter or cause the maps which are part of this chapter to be changed,
nor shall a variance be used as a procedure to change or be permission
to alter the use of land and/or structures not permitted within the
district in which an application for a variance is made.
Variances may be granted upon such conditions and limitations
and for such periods of time as the Board of Adjustment or the City
Council shall deem to be reasonable and necessity or advisable under
the circumstances so that the objective of this chapter shall be achieved.
When in the public interest by action taken at a regular meeting,
without publishing or posting of notice, the Board of Adjustment may
consider and render decisions on variance cases involving slight modifications
in the provisions of this chapter, limited to the following:
A. Area requirements may be reduced by not more than 10% of that required
in the zone.
B. Yard requirements may be reduced by permitting a portion of a building
to extend into and occupy not more than 20% of the area of a required
yard adjacent to the main structure.