§ 8.07.014. Variances.

The board of adjustment may grant a variance from the terms of this section as will not be contrary to the public interest when owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary and undue hardship. In order to grant any variance from the provisions of this section the board of adjustment must find:

1.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

2.

That the special conditions and circumstances do not result from the actions of the applicant;

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings or structures in the same zoning district;

4.

That literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant;

5.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

6.

That the grant of the variance will be in harmony with the general intent and purpose of the Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and

7.

In granting any variance, the board of adjustment may prescribe a reasonable time limit within which the action required for the variance shall be begun or completed or both. Under no circumstances, except as permitted above, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 11-01, § 2, 1-18-11)