(A) (1) The Commission shall review the application for variance from this subchapter and shall grant, conditionally grant, or refuse to grant the variance.
(2) A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.
(B) Before any variance can be granted, the Commission must make all of the following findings:
(1) The variance, when granted, will not conflict with or cause or allow any situation which is in conflict with the Comprehensive Plan;
(2) The variance, when granted, will not conflict with, or cause, or allow any situation which is in conflict with, any existing federal, state, or local law or which may result in injury to the public;
(3) The variance, when granted, will not effect a change in zoning;
(4) The variance, when granted, will not cause damage to the property of others; and
(5) Without the variance, when granted, the property owner shall suffer undue hardship and will be substantially deprived, by ordinance, of the privileges legally enjoyed by property owners of property within the vicinity of the subject property.
(Ord. 56, passed 11-1-1999)