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MapLink™ | Procedures | Variances

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Variances
Specific standards for variances and special exceptions.
A. Variances. The Board shall hear requests for variances where it is alleged that the provisions of this zoning chapter inflict unnecessary hardship upon the applicant. The Board may require preliminary application to the Zoning Officer.
 
(1) The Board may grant a variance, provided that all of the following findings are made, where relevant in a given case:
 
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions and not the circumstances or conditions generally created by the provisions of this zoning chapter in the neighborhood or district in which the property is located.

(b) That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this zoning chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(c) That the unnecessary hardship has not been created by the applicant.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
 
(2) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this zoning chapter.