All districts
The Board of Adjustment (BOA) may authorize a variance from height, yard, area, exterior structure, lot coverage, or off-street parking and loading standards if the variance is not contrary to the public interest and, due to special conditions, literal enforcement would create unnecessary hardship, while the ordinance's spirit is preserved (Sec. 12.209(a)(6)). The BOA must find the variance does not violate the ordinance's intent, that special conditions of area, shape, topography or physical features are peculiar to the parcel, that the hardship is not self-created, and that denial would deprive the applicant of rights commonly enjoyed by comparable properties in the same district. A variance cannot authorize a use not otherwise permitted in the district, cannot rest solely on economic gain or loss, and needs a concurring vote of four BOA members. A site plan, preliminary plat or final plat process must be exhausted before a variance request will be heard.