§ 18-43. Variance.

The zoning board of adjustment may modify or waive certain requirements of this chapter in response to a written request from the applicant specifying the modifications or waiver requested. Modifications or waivers to the requirements may be granted, in writing, if:

(1)

There are special circumstances applicable to the property or its intended use that do not apply to other properties or uses in the same class of activity; and specifically in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application would result in unnecessary hardship which would deprive an owner of the reasonable use of his land. Economic considerations are not valid grounds for the issuance of a variance.

(2)

The applicant demonstrates that the modification or waiver will not nullify the intent or purpose of this chapter and that the public welfare, interest of the city and the surrounding area shall be protected.

(Ord. No. 2007-51, 8-14-07)