§ 12-17-6 CRITERIA AND FINDINGS.
   (A)   Factors enumerated. Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance:
      (1)   The relationship of the requested variance to other existing or potential uses and structures in the vicinity;
      (2)   The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege;
      (3)   The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and
      (4)   Such other factors and criteria as the Commission deems applicable to the proposed variance.
   (B)   Necessary findings. The Planning and Environmental Commission shall make the following findings before granting a variance:
      (1)   That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district;
      (2)   That 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; and
      (3)   That the variance is warranted for one or more of the following reasons:
         (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 title;
         (b)   There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district; and
         (c)   The 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 district.
(Ord. 8(1973) § 19.600; Ord. 29(2005) § 39)