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The department may approve or approve with conditions a variance request when the following criteria are met:

(1) There are special circumstances applicable to the subject property or to the intended use, such as size, shape, topography, location or surroundings, that do not apply generally to other properties or classes of use in the same vicinity and zone;

(2) A variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and zone but which because of special circumstances is denied to the property in question;

(3) The granting of the variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity and zone in which the subject property is located; and

(4) The granting of the variance will not adversely affect the comprehensive plan. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).