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 classification.
(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 located.
(4) That the granting of such variance will be in conformity with the general purpose and intent of this chapter and the general plan.
(5) A 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 supplement.)