Standards to be met in granting a dimensional variance

A dimensional variance is defined in section 2.2 as permission to depart from the dimensional requirements of a zoning ordinance, where the applicant from the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use or special use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after relief shall not be grounds for relief.

In granting a dimensional variance, the applicant for relief must show by evidence upon the record that the hardship that will be suffered by the owner of the subject property, if the dimensional variance is not granted, amounts to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

Furthermore, in granting a dimensional variance in conjunction with a special use permit, the zoning board shall make specific findings of fact defining any environmentally sensitive feature(s) to be protected and the manner in which the granting of the special use permit and dimensional variance will enhance the protection of the environmentally sensitive feature(s).

(Ch. 840, § 3, 8-4-2003; Ch. 1033, § 7, 12-19-2016; Ch. 1117, § 12, 12-18-2023)