A. Requests: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the appeal authority for a variance from the terms of the ordinance.
B. Granting Of Variance: The appeal authority may grant a variance only if:
1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
5. The spirit of the land use ordinance is observed and substantial justice done.
C. Unreasonable Hardship: In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship unless it finds all of the following:
1. The alleged hardship is located on or associated with the property for which the variance is sought; and
2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and
3. The hardship is not self-imposed or economic.
D. Special Circumstances: In determining whether or not there are special circumstances attached to the property, the appeal authority 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 zone.
E. Additional Variance Requirements:
1. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
2. Variances run with the land.
3. The appeal authority may not grant a use variance.
4. In granting a variance, the appeal authority may impose additional requirements on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified. (Ord. 2007-28, 10-17-2007)