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A. No application for a variance shall be granted unless the hearing examiner finds:

1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and

2. That such variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use, right and privileges permitted to other properties in the vicinity and in the zone in which the subject property is situated; and

3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

4. The reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that would make possible a reasonable use of the land, buildings or structures; and

5. The granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise be detrimental to the public welfare.

B. Under no circumstances shall the hearing examiner grant any variance to allow a use that is not permissible in the district involved. Variances apply only to yards, signs, height, coverage, or parking requirements, but not to use of land or structures. (Ord. 1191-21 §13 (Exh. C), 2021).