(A) A development permit allowing a variance in the requirements of this chapter or the Standards Document may be granted if the following criteria are met:
(1) The property owner is unable to enjoy substantial property rights enjoyed by others in same zoning classification;
(2) The application of rules and regulations would cause an undue or unnecessary practical difficulty or physical hardship;
(3) The variance will not be materially detrimental to the purposes of this code or property in the same zone or vicinity in which the property is located;
(4) The variance is consistent with and promotes the objectives of the Comprehensive Plan; and
(5) The variance granted is the minimum variance that would alleviate the hardship.
(B) A variance shall not be utilized to permit a use not allowed in the applicable zone.
(Ord. 372, passed 12-8-1997)