§ 21-422. Criteria for granting a variance.

The granting of a variance shall be based on a determination that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. For each variance granted, the Development Special Magistrate shall draft a written order listing criteria (a) through (f) below and attesting that each has been considered. No variance from the terms of this ULDC shall be authorized unless the Development Special Magistrate finds that all of the following facts and conditions exist:

(a)

Special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same land use classification;

(b)

The special conditions and circumstances do not result from the actions of the applicant;

(c)

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands, buildings, or structures in the same land use classification;

(d)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant;

(e)

That the variance granted is the minimum variance that will make possible a reasonable use of the land, building, or structure; and

(f)

That the granting of the variance will be in harmony with the general intent and purpose of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Ord. No. O-00-09, Art. 7 (7.08.01), 4-24-00; Ord. No. O-01-10, § 1, 3-12-01; Ord. No. O-12-19, § 4(exh. A, pt. II), 5-29-12)