Appendix 9676. Variance and modification; purpose.

A.

Variances and modifications from the terms of this article shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this article deprives such property of privileges enjoyed by other property in the vicinity and under identical land use classification. Any variance or modification granted shall be subject to such conditions as will assure that the modification thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

B.

The power to grant variances and modifications does not extend to use regulations.

C.

The power to grant variances and modifications does not extend to the provisions of sections 9306 or 9497.2.

(Ord. No. 02-310, § 3E, 3-5-2002)