Chapter 25 ZONING ORDINANCE.
Article 28. Variances.
Sec. 25-28-30. Zoning administrator action.
The zoning administrator shall have the power to grant variances,
exclusive of use variances, when the zoning administrator has found and
determined that the following circumstances apply:
(1) That any variance
granted shall be subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone
in which the subject property is located.
(2) That because of special
circumstances applicable to the subject property, including size, shape,
topography, location, or surroundings, the strict application of the zoning
regulation is found to deprive the subject property of privileges enjoyed by
other properties in the vicinity and under the same zone
(3) That the granting of such variance will not be
materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity or the zone in which the subject property is
(4) That the granting of such variance will be in conformity with
the general purpose and intent of this chapter and the general plan.
variance shall not be granted for a parcel of property which authorizes a use or
activity which is not otherwise expressly authorized by the zoning regulations
governing the parcel of property. (Amended during the March 2009