The Hearing Officer may grant a variance to a regulation prescribed by this zoning code with respect to fences, walls, hedges, screening or landscaping; site area, width or depth; front, rear or side yards; coverage, height of structures, distances between structures, usable open space or frontage on a public street, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Hearing Officer makes findings of fact that establish that the circumstances prescribed in divisions (A), (B) or (C) below and in divisions (D) and (E) below do apply.
(A) The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this zoning code.
(B) There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone.
(C) Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.
(D) The granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the same zone.
(E) The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
(Ord. 2012-04, passed 12-5-2012)