The Utility Commission may grant a variance under this Chapter for land disturbances in excess of 20,000 sq. ft., whenever an owner, or his appointed representative, can show evidence that a hardship exists, whereby, compliance is not appropriate, based upon the following:
(a) That exceptional and/or unusual topographic or other physical conditions exist that are peculiar to the particular parcel of land.
(b) That the peculiar conditions, noted in Paragraph (a) above, did not result from any previous action by the owner.
(c) That such a literal interpretation of this Chapter would deprive the owner of rights that are enjoyed by other property owners.
PLEASE NOTE: Adverse economic conditions shall not be considered a valid reason, or hardship, for a variance request to be granted. No variances will be granted, where activities occur that would defeat the purpose of this Chapter. Requests for a variance should be submitted to City Engineer, stating the specific variances being sought, an including sufficient data to justify the granting of such variance. (Ord. 2019-35. Passed 11-12-19.)