A. Conditions: The Board of Adjustment may grant a variance only if each of the following conditions are met:
1. Literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
4. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and
a. The spirit of the land use ordinance is observed and substantial justice done.
B. Unreasonable Hardship: In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A of this section, the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:
C. Self-Imposed Hardship: In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A of this section, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.
D. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A of this section, the Board of Adjustment may find that special circumstances exist only if the special circumstances:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same district.
E. Burden Of Proof: The applicant shall bear the burden of proving all of the conditions justifying a variance have been met.
F. Run With Land: Variances run with the land.
G. Use Variances Not Permitted: The Board of Adjustment and any other body may not grant use variances.
H. Additional Requirements May Be Imposed: In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will:
1. Mitigate any harmful effects of the variance; or
2. Serve the purpose of the standard or requirement that is waived or modified. (Ord. 23-11, 7-6-2023)