17.05.043 Action of the Review Authority.
A. The Planning Commission may approve a Variance request in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The strict application of this Ordinance to a property would result in extreme difficulty, unnecessary hardship, or the inability of an owner to use land for the purposes allowed in the zone in which it is located for reasons of physical peculiarity.
2. The granting of such variance would not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located.
3. The granting of the variance would not grant special privileges to a landowner that are in conflict with the purposes of this Ordinance. (Ord. 1681, 2008).
B. A Variance request for development within the FM Overlay District may be approved in whole or in part, with or without conditions, if in addition to the findings in Section 17.05.043A, all of the following findings of fact can be made in an affirmative manner:
1. Denial of the variance would result in exceptional hardship and would deny all economic use of the property.
2. The variance would result in the minimum relief necessary, considering the flood hazard.
3. If the site is located in a designated floodway, no increase in flood levels during the base flood discharge would result.
4. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or conflict with existing local laws or ordinances.
5. In the case of the reconstruction of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, the structure is being rebuilt as it previously existed.