B. Zoning Variance Applicability. See § UDC-2.11.03B for detailed information.

C. Granting Authority.

1. Undue Hardship Shall Exist. The Board of Adjustment may authorize a Zoning Variance from these Zoning Regulations when, due to special conditions, an undue hardship will result from requiring compliance.

2. Harmony with the UDC’s General Purpose and Intent Shall Exist. A Zoning Variance may be granted only when the Zoning Variance is not contrary to the public interest and is in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and that substantial justice may be done.

3. Zoning Variance Processing and Review. The Director of Planning shall process and review a Zoning Variance.

4. Board of Adjustment Conditions of Approval. In granting a Zoning Variance, the Board of Adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest.

5. Board of Adjustment Considerations. In making the findings within D below, the Board of Adjustment shall take into account:

a. The nature of the proposed use of the land involved,
b. Existing uses of land in the vicinity,
c. The number of persons who will reside or work within the proposed use, and
d. The probable effect such Zoning Variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.
e. Such findings of the Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Adjustment meeting at which such Zoning Variance is granted.

D. Criteria for Zoning Variance Approval. No Zoning Variance shall be granted without first having given public notice and having held a public hearing on the Zoning Variance request in accordance with 2.10.04: Public Hearings and Notification Requirements and unless the Board of Adjustment finds all the following criteria are met.

1. Unique Circumstances. That there are special circumstances or conditions affecting the land involved such that the application of the UDC’s provisions would deprive the Applicant of the reasonable use of his/her land.

2. Minimum Necessary Relief Required to Alleviate the Undue Hardship. The Zoning Variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.

3. Preservation of Property Rights. That the Zoning Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant.

4. No Substantial Detriment to the Public Good. That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this UDC and the Comprehensive Plan or be injurious to other property within the area.

5. Orderly Use of Land. That the granting of the Zoning Variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this UDC.

6. Finding of Undue Hardship. In order to grant a Zoning Variance, the Board of Adjustment must make findings that an undue hardship exists, using the following criteria:

a. That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and
b. That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and
c. That the relief sought will not injure the permitted use of adjacent conforming property; and
d. That the granting of a Zoning Variance will be in harmony with the spirit and purpose of these regulations.
e. Financial hardship alone is not an "undue hardship" if the property can be used, meeting the requirements of the zoning district in which the property is located.
 

E. Limitations on the Authority of Board of Adjustment to Grant Zoning Variances.

1. Land Use Zoning Variance. The Board of Adjustment may not grant a Zoning Variance authorizing a land use other than those permitted in the district for which the Zoning Variance is sought, except as specifically provided for in this UDC.

2. Specific Use Permit Provision. The Board of Adjustment shall have no power to grant or modify provisions of a SUP authorized under 2.10.09. Specific Use Permit (SUP) Regulations and Procedures.

3. Zoning Amendments.

a. The Board of Adjustment shall have no power to grant Zoning Text and Map Amendments.
b. In the event that a request for a Zoning Text Amendment or Zoning Map Amendment (Rezoning) is pending before the Planning and Zoning Commission or the City Council, the Board shall neither here nor grant any Zoning Variance with respect to the subject property until final disposition of the Zoning Text Amendment or Zoning Map Amendment (Rezoning) by the Planning and Zoning Commission and the City Council.
 

4. Pending Action.

a. The Board of Adjustment shall not grant a Zoning Variance for any parcel of property or portion thereof upon which a required Site Plan or any Plat is pending on the agenda of the Planning and Zoning Commission or the City Council.
b. All administrative and procedural remedies available to the Applicant shall have been exhausted prior to hearing by the Board of Adjustment.

F. Concurring Vote of 75 Percent Required. Pursuant to Texas Local Government Code 211.009.(c), the concurring vote of seventy-five (75) percent of the members of the Board of Adjustment is necessary to grant a Zoning Variance.