A. The responsible official may grant a variance to numerical standards, including, but not limited to, setbacks, buffers, building height, landscaping, width, lot area, lot coverage, lot dimensions and parking standards.

B. The applicant shall provide substantial evidence that the following conditions exist:

1. Unusual circumstances are applicable to the subject property, which may include size, shape, topography, surroundings or location.

2. The strict application of this chapter would deprive the applicant of property rights and privileges enjoyed by others in the vicinity.

C. The responsible official shall approve the variance request if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance complies with all of the following:

1. The variance will not be materially detrimental to public health, or injurious to property in the vicinity or district in which the property is located.

2. The variance will not detract from livability or appearance of a residential area, or character of a nonresidential area.

3. The variance will not adversely effect significant natural, scenic, historic, cultural, open space or energy resources.

4. The variance will not materially compromise the goals and policies of the Comprehensive Plan, or the spirit of this chapter.

5. If more than one variance is requested, the cumulative effect shall be consistent with this chapter.

D. Adverse impacts resulting from the variance shall be mitigated to the extent practicable. [Ord. 15-030 § 6, 3-10-15.]