16.100.020 Circumstances for granting a variance.

A variance may be granted only in the event that either subsection A or B of this section applies and subsections C and D of this section must be satisfied.
A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of the ordinance have had no control;
B. The variance is necessary so that the applicant can enjoy a property right, the nature of which owners of other property in the same zone or vicinity possess;
C. The variance would not be materially detrimental to the purpose of this title, or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy;
D. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. (Prior code § 10.602)