Application for Variance

In order for a variance to meet the code requirement for approval, all five of the following conditions must exist.

Pursuant to: SECTION 405.330: VARIANCES

A written application for a variance is submitted demonstrating:

1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district;
2. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.
3. The special conditions and circumstances do not result from the actions of the applicant. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures, or buildings in the same district.
4. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.