Cross References:Businesses, TMC Title 5.
It is hereby recognized that variances from strict application of this article may be necessary or desirable to better fit existing physical conditions, traffic conditions or land uses. The Board of Zoning Appeals, with the concurrence of other applicable agencies, is hereby authorized to grant, in writing, as a part of any permit issued by them, variances from the strict application of the provisions of this article, upon determining that any or all of the following conditions are present:
(a) The exception or variance desired arises from particular physical conditions not ordinarily existing in similar districts in the City or is due to the nature of business and operations on the abutting property.
(b) The exception or variance desired is not against the public interest, safety, convenience and general welfare.
(c) The granting of the permit for the exception or variance will not adversely affect the right of adjacent property owners or tenants.
(d) The strict application of the provisions of this article will not work unnecessary hardship on the property owner or tenant.
Cross References:Board of Zoning Appeals, Chapter 2.220 TMC.