§ 26-541. Variance.

(a)

In connection with any request for a variance of the provisions of this article as provided for herein, the authority to whom the variance request is filed may require of any applicant all information, documentation, exhibits, calculations, and analyses, as such reviewing authority may deem necessary or advisable in connection with its consideration of any variance application.

(b)

Variances from the provisions of this article shall only be as set forth in subsections 26-534(1) and (3), respectively.

(c)

In considering variance requests, the authority to whom the application is submitted shall, in deciding whether or not to approve any variance application, consider difficulties or hardships resulting from a strict application of this article, the special circumstance or conditions necessitating the variance application and whether such difficulties, hardships, circumstances or conditions are such that a strict application of the provisions of this article would deprive the applicant of the reasonable use of the applicant's property. The authority reviewing the application shall consider such other factors as the authority shall deem relevant to its evaluation while ensuring that the spirit of the article is observed, public safety and welfare secured and substantial justice done. The grant of the variance shall be in harmony with the general purpose and intent of this article and will not be injurious to the surrounding neighbors or neighborhood or detrimental to the public welfare. The authority granting any variance hereunder is empowered to impose any condition(s) to the granting of the variance which the granting authority shall, in its discretion, deem necessary or advisable.

(Ord. No. O-155-2011, § 2, 6-28-11)