§ 72-1312. Variances.

(a)

Variance from zoning requirements. Unless otherwise provided in this section, a petition for variance from the requirements of this division for setbacks, landscape buffers, parking, sign dimensions and number, trash and solid waste containers and enclosures, building height and accessory structure and fence dimensions shall be governed by the provisions of section 72-379.

(b)

Waiver from land development requirements. Unless otherwise provided in this section, a petition for waiver of the requirements of this division for any requirement not set forth in subsection (a) shall be governed by section 72-501.

(c)

Written petition. Any petition filed under subsections (a) or (b) shall demonstrate the following in writing:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure, sign or building involved and which are not applicable to other lands, structures, signs or buildings in the overlay zone.

(2)

The special conditions and circumstances do not result from the actions of the petitioner.

(3)

Literal interpretation of the provisions of this division would deprive the petitioner of rights commonly enjoyed by other properties in the overlay zone, under the terms of the ordinance, and would work an unnecessary and undue hardship on the petitioner.

(4)

The variance or waiver granted is the minimum variance that will make possible the reasonable use of the land, building, structure or sign.

(5)

The grant of the variance or waiver will be in harmony with the general intent and purpose of this division and the Volusia County Comprehensive Plan, Ordinance No. 90-10, as amended, and that such variance or waiver will not be injurious to the area involved.

(Ord. No. 2012-06, § VI, 5-3-12)