Variances
The zoning board of review shall have the authority to grant a variance when literal enforcement of this Title would create unnecessary hardship.
A. An applicant for a variance must demonstrate to the satisfaction of the zoning board of review that:
1. The hardship is due to the unique characteristics of the land or structure and not to the general characteristics of the surrounding area;
2. The hardship is not due to a physical or economic disability of the applicant except for those disabilities covered by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.;
3. The hardship is not the result of any prior action by the applicant;
4. Granting the variance will not alter the general character of the surrounding area or impair the intent or purpose of this Title.
(Ord. dated 5-21-24)
B. Use variance: In addition to the requirements of subsection A, an applicant for a use variance must demonstrate that the property or structure cannot yield any beneficial use if it is required to conform to the provisions of this Title. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance.
C. Dimensional variance: In addition to the requirements of subsection A, an applicant for a dimensional variance must demonstrate that if the property is required to conform to the provisions of this Title, the hardship suffered by the owner of the property will amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the use to which the property will be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted is not grounds for relief.
(Ord. dated 5-21-24)
D. The zoning board of review may impose any additional conditions or safeguards it deems necessary to protect the public health, safety and welfare. The conditions or safeguards must be based on competent, credible evidence in the record and shall be included in the written decision.
(Ord. dated 4-1-14)