Duluth UDC § 1204.02

1. A variance from the terms of this Development Code may be granted where, owing to special conditions, a literal enforcement of the provisions of this Development Code would result in unnecessary hardship and such approval will not be contrary to the public interest. A variance from the terms of this Development Code shall not be granted unless a written application for a hardship variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district; b. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties within the same district under the terms of this Development Code; 364 | P a g e Article Twelve. Appeals c. That the special conditions and circumstances do not result from the actions of the appellant; d. That granting the variance requested will not confer on the appellant any special privilege that is denied by this Development Code to other lands, structures, or buildings in the same district; and, e. That the request is limited to the extent necessary to alleviate the unnecessary hardship and not as a convenience to the appellant nor to gain any advantage or interest over similarly zoned properties. 2. Non-conforming use of neighboring lands, structures, or buildings in the same zoning district, and not permitted or non-conforming use of lands, structures, or buildings in other zoning districts shall not be considered grounds for issuance of a hardship variance.