§ 18.5-16. Deviations.

During the process of plan review and approval, the city engineer may grant, on a case-by-case basis, minor deviations to this chapter's provisions and amendments relating thereto when there exists an unnecessary hardship substantially limiting the preservation and enjoyment of property rights and resulting from a literal interpretation of this chapter's provisions and amendments relating thereto. Deviations shall not be granted unless the city engineer determines that:

(1)

Special circumstances or conditions apply to the property in question;

(2)

Granting of a deviation is necessary for the preservation and enjoyment of substantial property rights;

(3)

Granting of a deviation will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and

(4)

Granting of a deviation will be in harmony with the purposes sought to be attained by the chapter's provisions and amendments relating thereto.

(Ord. No. 1701, § 1, 10-29-91)