(A) Right of variance. A developer, after decision on an application, may seek a variance to any provision of this chapter. A variance may be granted only if the developer establishes all of the following conditions:
(1) That there are exceptional or extraordinary circumstances applying to the subject property involved and to the proposed use;
(2) That because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this chapter would result in practical difficulty or unnecessary hardship such as to deprive the developer of a substantial property right possessed by other developers with development agreements in the same zoning district;
(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) That the allowance of the variance will be harmonious with the general intent of this chapter and the General Plan.
(B) Procedure. The application for a variance shall follow procedures identical to those applicable to an application for a development agreement.
(1966 Code, § 6A.05-9) (Ord. 653, § 1(part))