§ 22-812. Limitation on granting variances.

(a)

Initial determination. The community development board shall first determine whether the need for the proposed variance arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. If so, the board must make the following required findings before granting of the variance. If, the condition is common to numerous sites so that requests for similar variances are likely to be received, the Board may make the required findings based on the cumulative effect of granting the variance to all who may apply.

(b)

Required findings. The community development board shall not vary the requirements of any provision of this code unless it makes a positive finding, based on substantial competent evidence presented to the board that each of the following exist:

(1)

There is no reasonable use of the property because of the practical or economic difficulties in carrying out the strict letter of the regulations.

(2)

The hardship is not created by the applicant's actions.

(3)

If the applicant complies strictly with the provisions of the ordinance, he is deprived of rights that others in the district have.

(4)

The hardship is not suffered by the applicant's neighbors or the general public.

(5)

The hardship relates to the land rather than personal circumstances.

(6)

The variance is the minimum variance that will allow a reasonable use of the land, building, or structure.

(7)

The variance will not create or extend a nonconforming use or structure.

(8)

The variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazards to the public.

(9)

The variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

(c)

Imposition of conditions.

(1)

In granting a variance, the community development board may impose conditions. The conditions shall be entered on the face of the development permit and are enforceable in the same manner as any other requirements of this code.

(Ord. No. 2013-01, § 5(Attach., § 10.02.02), 7-9-13)