Article 11 — VARIANCES

It is realized there are certain parcels of land of such dimensions, subject to such title restrictions, so affected by physical conditions, and/or devoted to such uses that it is impossible for the subdivider to conform to all of the provisions of this chapter when subdividing property. The Commission may

grant variances from the provisions of this chapter when all the following conditions are found to apply:

• (a) 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 same vicinity;

• (b) That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict literal application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity; and

• (c) That under the circumstances of any particular case, the variance, rather than the sections at issue in this chapter, actually carries out the spirit and intent of the provisions of this chapter.

• (§ 5.01, Ord. 341, as amended by § 45, Ord. 1102, eff. February 4, 2012)