1113.10 STANDARDS FOR GRANTING VARIANCES.

   When application is made to the Building Commissioner for a building permit and same is refused because the request does not comply with the provisions hereof, the Commission shall have the power, in specific cases, to vary the application of any provisions of this Zoning Code in terms of the following standards so that public health, safety, morals and general welfare may be safeguarded and substantial justice done:

   (a)    Where strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardships, except where such request for a variance pertains solely to the area requirements of this Zoning Code in which event the Commission shall consider only the practical difficulties in the strict application of the Zoning Code. Such hardships must be found peculiar as applicable to the property in question, making it distinct from the general hardships of the district.

   (b)    Where other exceptional circumstances or conditions, only applicable to the property involved or to the intended use or development of the property, do not apply to other property within the same zone. The mere fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him a right to a variance and thus grant a special privilege to an individual, when such variance would be necessarily denied to others. What must be shown, on the other hand, is that there are special conditions justifying a variance on one lot, and that a variance would be justified on any lot where the same set of circumstances exists.

   (c)    Where granting a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance .

   (d)    That the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code. A variance merely permits that which is contemplated in this Zoning Code under certain conditions. On the other hand, that which is not contemplated, but deemed desirable, in this Zoning Code, should be effected by amendments to the Zoning Code or Map. No considerations should be given to hardships that will result from deed restrictions.

   (e)    The Commission shall have no powers to authorize as a variance, the establishment of a principal or an accessory use which is not specifically permitted in the district in which the use is intended.

      (Ord. 21-1995. Passed 9-26-95.)