(A) General. The Board of Adjustment shall not approve a variance unless it finds that special circumstances or conditions exist that are peculiar to the land, buildings or other structures for which the variance is sought and do not apply generally to lands, buildings or other structures in the same district. Special circumstances or conditions to be considered for variances shall include, but not be limited to, the circumstances as described in subsections (B) through (H) below.
(B) Redevelopment. The proposed project involves the redevelopment or utilization of an existing developed or partially developed site.
(C) Substandard lot(s). The proposed project involves the utilization of an existing legal non- conforming lot(s).
(D) Preservation area. The proposed project site contains a designated preservation area.
(E) Historic resources. The proposed project site contains historical significance.
(F) Significant vegetation or natural features. The proposed project site contains significant vegetation or other natural features.
(G) Neighborhood character. The proposed project promotes the established historic or traditional development pattern of a blockface, including setbacks, building height and other dimensional requirements.
(H) Public facilities.
(1) The proposed project involves the development of public parks; public facilities; non- governmental or public educational facilities, colleges, private schools and universities; and public utilities or hospitals.
(2) Strict application of the provisions of the chapter would provide the applicant with no means for reasonable use of the land, buildings or other structures.
(3) The peculiar conditions and existing circumstances are not the result of the actions of the applicant.
(4) The reasons set forth in the application justify the granting of a variance.
(5) The variance proposed to be granted is the minimum variance that will make possible the reasonable use of the land, building or other structure.
(6) The variance will be in harmony with the general purpose and intent of this chapter.
(7) The variance will not injure the neighborhood or otherwise be detrimental to the public welfare.
(Ord. 3020, passed 9-10-2013, § 4.53.4)