A variance is a relaxation of the terms of this Code where such variance will not
be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement
of this Code would result in unnecessary and undue hardship on the applicant. An argument
that compliance with this Code will be more expensive is not a valid reason in and
of itself to grant a variance. Neither shall a variance be granted to evade or frustrate
the clear intent of this Code. A variance is authorized only as to physical requirements
of this Code such as height, area, and size of structure or size of yards, buffers
and open spaces. Establishment or expansion of a use or density otherwise prohibited
or not permitted shall not be allowed by variance, nor shall a variance be granted
or justified because of the presence of other nonconforming structures or uses in
the zoning classification or district or adjoining zoning classifications or districts.
Requirements of articles II (Land Use) and article V (Consistency and Concurrency)
may not be varied by this part. Variances shall not be permitted which will allow
erection, installation or occupancy of a building or structure that does not meet
the standards for single-family dwelling units contained in part 7.08.00 of this Code.
Variances are permissible by the board of adjustments and appeals or the construction
board after public notice and hearing as described in sections 12.03.01, 12.03.02, 12.03.05, part 13.04.00 and subject to appropriate conditions and safeguards as provided in
this part.
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