§ 36-1602. Variance from article.

The planning commission shall grant a variance from the provisions of this article only upon finding that:

(1)

There are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district;

(2)

The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, but which is denied to the property in question;

(3)

The strict application of this article would constitute undue hardship, as defined in this chapter; and

(4)

The granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zoning district in which the property is located.

(Code 1970; Code 1992, § 460.06(6))