Appeals to the Development Permits and Appeals Board include denial of a building permit or an interpretation, exception, or request for a variance from the regulations outlined in the City’s Development Code. 

1) The Board shall not grant a variance to the Development Code which:

       a. Permits a land use not allowed in the zoning district in which the property is located;

       b. Is in the public right-of-way or on public property;

       c. Alters any definition of the Development Code;

       d. Is other than the minimum variance that will afford relief with the least modification possible to

           the  requirements of the Development Code;

       e. Is based on physical conditions or circumstances of the property so general or recurring in nature

           as to reasonably make practicable the formulation of a general regulation to be adopted as an

           amendment to the Development Code; or

       f. Is based exclusively on findings of personal or financial hardship.

 (2) In order to grant a variance to the Development Code, the Board shall find that all the following have been satisfied:

       a. There are unique physical circumstances or conditions such as irregularity, narrowness or

           shallowness of the lot, or exceptional topographical or other physical condition particular to the

           affected property;

       b. Because of these unique physical circumstances or conditions, the property cannot be reasonably

           developed or used in compliance with the provisions of the Development Code;

       c. Due to such unique physical circumstances or conditions, the strict application of the Development

           Code would create a demonstrated hardship;

       d. The demonstrable hardship is not self-imposed;

       e. The variance if granted will not adversely affect the proposed development or use of adjacent

           property or the neighborhood;

       f. The variance if granted will not change the character of the zoning district in which the property is

          located;

      g. The variance if granted is in keeping with the intent of the Development Code; and

      h. The variance if granted will not adversely affect the health, safety or welfare of the citizens of the

          City.

 (3) Convenience, profit or caprice shall not constitute undue hardship.