§ 30.78.030. Standards.

A.

A variance from the terms of the Zoning Ordinance shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

B.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. The provisions of this Section shall not apply to conditional use permits.

D.

No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification:

1.

Could be avoided by an alternate development plan;

2.

Is self-induced as a result of an action taken by the property owner or the owner's predecessor;

3.

Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; or

4.

Would authorize or legalize the maintenance of any private or public nuisance.