Skip to main content
Loading…
This section is included in your selections.

The hearing examiner may approve or approve with modifications an application for a variance from the provisions of the zoning code if:

A. The variance for the subject property will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and the zone in which the property is located; and

B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use zone in which the subject property is located; and

C. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; and

D. The special circumstances of the subject property make the strict enforcement of the provisions of this code an unnecessary hardship to the property owner; and

E. The special circumstances of the subject property are not the result of the actions of the applicant or a predecessor in interest; and

F. The variance is the minimum necessary to fulfill the purpose of a variance and the need of the applicant; and

G. The variance is consistent with the purpose and intent of the zoning code; and

H. The variance is in accord with the comprehensive plan. (Ord. 2441 § 9, 2003; Ord. 2020 § 13, 1994)