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Variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
The applicant shall have the burden of proving the probative facts upon which he relies to prove the existence of such ultimate facts. No written findings of such ultimate facts need be made by the Commission unless the applicant requests such findings before the Commission renders its decision.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
(§ 8163.2, T.O.O.C., as amended by § 16, Ord. 89, renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, amended by § 31, Ord. 1178-NS, eff. April 27, 1993)