(A) Purpose. This chapter is intended to provide relief from the strict application of this title where this would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
(B) Applicability.
(1) Variances may be granted to vary or modify physical development standards.
(2) Variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site.
(C) Review authority. The Planning Commission is empowered to grant variances, in order to prevent or lessen the practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from a strict or literal interpretation and enforcement of certain of the regulations described by this title. The Commission shall approve only such variances as are in harmony with the general purpose and intent of this title and in accordance with the specific regulations set forth here and after.
(D) Criteria for issuance.
(1) Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprived the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
(2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant to special privileges inconsistent with the limitations upon other property in the vicinity and zone in which the property is situated.
(3) A variance shall be approved only when the strict and literal interpretation of regulations in the particular case would involve practical difficulties or unnecessary hardships, and only to the extent necessary to overcome the difficulties or unnecessary hardships.
(E) Hearings. The Commission shall hold a public hearing on each application for a variance as provided in the public hearing section of this title.
(F) Findings. A variance in whole or in part or subject to conditions may be approved by the Commission if from the information presented in the application and at the public hearing it appears to be in compliance with the criteria set forth in this chapter and the Commission makes all of the following findings:
(1) That there are exceptional or extraordinary circumstances applying to the property involved or to the proposed use;
(2) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district, and denied to the subject property owner;
(3) That the allowance of the variance will not, under the circumstances of the particular case, be materially detrimental to the public welfare or materially injurious to persons or property in the vicinity; and
(4) The proposed project would be compatible with the existing aesthetics, character, and scale of the surrounding neighborhood, and considers impacts on neighboring properties.
(Ord. 1043 § 3 (part), 2022)