A. Authority: Any person or entity desiring a waiver or modification of the requirements of the City's land use ordinances as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest, may apply to the Hearings Officer for a variance from the terms of such ordinances.
B. Conditions: The Hearings Officer may grant a variance only if:
1. Literal enforcement of the City's land use ordinances would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of such ordinances;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
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 City's land use ordinances is observed and substantial justice done.
C. Unreasonable Hardship:
1. In determining whether enforcement of the land use ordinances would cause unreasonable hardship under subsection B1 of this section, the Hearings Officer may not find an unreasonable hardship unless the alleged hardship:
a. Is located on or associated with the property for which the variance is sought; and
b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
2. In determining whether enforcement of the City's land use ordinances would cause unreasonable hardship as outlined under subsection B1 of this section, the Hearings Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
D. Special Circumstances: In determining whether there are special circumstances attached to the property under subsection B2 of this section, the Hearings Officer may find that special circumstances exist only if special circumstances:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same district.
E. Burden Of Proof: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
F. Run With Land: Variances run with the land.
G. Use Variances Prohibited: The Hearings Officer may not grant use variances.
H. Additional Requirements: In granting a variance, the Hearings Officer may impose additional requirements on the applicant that will:
1. Mitigate any harmful effects of the variance; or
2. Serve the purpose of the standard or requirement that is waived or modified. (Ord. 2017-29, 5-16-2017)