§ 24-150. Variances.

A variance is a means whereby the city may grant relief from the effect of this article in cases of hardship. A variance constitutes permission to depart from the literal requirements of [this article]. A variance from the dimensional requirements of this article may be granted by the board of adjustment if it finds the following:

(1)

Strict enforcement of the regulations would result in practical difficulties or unnecessary hardships to the applicant for the variance.

(2)

The variance is in harmony with the general purpose and intent of [this article] and preserves its spirit.

(3)

In the granting of the variance the public safety and welfare have been secured and substantial justice has been done. Such findings shall be based on the following considerations:

a.

The fact that the property could be utilized more profitably or conveniently with the variance than without the variance shall not be considered as grounds for granting the variance.

b.

The hardship relates to the applicant's property rather than to personal circumstances.

c.

The hardship results from the application of [this article] and from no other cause, including the actions of the owner of the property or previous owners.

d.

The hardship is peculiar to the property in question rather than a hardship shared by the neighborhood or the general public.

(Ord. No. 11-0419, § 2, 4-7-11)