§ 1404. Criteria for granting variances.

Any applicant requesting consideration of a variance to any provision of this UDC shall provide a written justification that one or more of the condition(s) described in this section exist. The board of adjustment shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

(a)

There are extraordinary, exceptional, or peculiar conditions pertaining to the particular piece of property in question, because of its size, shape, topography or other physical condition that are not applicable to other lands or structures in the same district; and that such conditions cause unnecessary hardship, practical difficulty or adversely affect the reasonable use or usability of property as currently zoned and regulated;

(b)

The requested variance will be in harmony with the purpose and intent of this UDC and will not be injurious to the neighborhood or to the general welfare;

(c)

The special circumstances are not the result of the actions of the applicant; and/or

(d)

The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed;

For any variance to the flood damage prevention requirements of article 10 of this UDC, the specific requirements, procedures, and criteria in division IV of article 10 of this UDC shall apply in addition to the requirements of this division.

(Ord. No. 17-003 , § 1, 10-2-2017)