§ 65.382. Standards of Review for Zoning Variance Applications.

A zoning variance may be approved only if each of the following six standards is satisfied:

Special Conditions and Circumstances. 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 zoning district. Zoning violations or nonconformities on neighboring properties do not constitute grounds for approval of any proposed zoning variance.

Not Self-Created. The special conditions and circumstances do not result from the actions of the property owner. A self-created hardship does not justify a zoning variance.

No Special Privilege Conferred. Approval of the zoning variance requested will not confer on the applicant any special privilege that is denied by the Land Development Code to other lands, buildings, or structures in the same zoning district.

Deprivation of Rights. Literal interpretation of the provisions contained in the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would impose unnecessary and undue hardship on the property owner. Financial loss or business competition does not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of the Land Development Code also does not constitute grounds for approval.

Minimum Possible Variance. The proposed zoning variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

Purpose and Intent. Approval of the zoning variance will be in harmony with the purpose and intent of Growth Management Plan and the Land Development Code and such zoning variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. of 9-16-1991, Doc. #25102; Ord. of 10-5-2009, § 3, Doc. #0910051104)