§ 159.49  VARIANCE.
   (A)   The city may grant a variance to these regulations where the owner or his or her appointed representative can show that a hardship exists whereby compliance with these regulations is not appropriate, based upon the following:
      (1)   The exceptional topographic or other physical conditions exist which are peculiar to the particular parcel of land;
      (2)   The peculiar condition in division (A)(1) of this section did not result from previous actions by the owner; and
      (3)   That a literal interpretation of these regulations would deprive the owner of rights enjoyed by other property owners.
   (B)   Adverse economic conditions shall not be considered as a valid reason or a hardship for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of these regulations.
   (C)   The request for a variance shall be submitted to the city and shall state the specific variances sought and include sufficient data to justify the granting of a variance.
(1982 Code, § 159.44)  (Res. 96-20, passed 2-3-1997)