MapLink™ | Procedures | Variances (Board of Adjustment)

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Variances (Board of Adjustment)
Variances: to authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulties or unnecessary hardship, provided that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done.
(1) The applicant must show that this property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of this specific piece of property at the time of the effective date of the district zoning regulations, or where by reason or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the practical use of his property in the manner similar to that of other property in the zoning district where it is located.
(2) Conditions for variance.
(a) A request for a variance may be granted upon a finding of the Board of Adjustment that all of the following conditions have been met. The Board of Adjustment shall make a determination on each condition, and the finding shall be entered in the record.
(i) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.
(ii) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(iii) That the special conditions and circumstances do not result from the actions of the applicant.
(iv) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.
(b) In granting a variance, the Board of Adjustment may impose such conditions, safeguards, and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. Where this chapter provides more specific criteria for a particular type of variance, for instance, a variance from stream buffer or floodplain development requirements, the more specific criteria shall govern.
(3) Other matters: to hear and decide all matters referred to it or upon which it is required to pass under this chapter.

Period of validity. Unless as otherwise specified by the Board of Adjustment in its approval for an application, no variance granted by the Board of Adjustment shall be valid for a period longer than 90 days from the date upon which the variance is granted, unless within such period:
a. A building permit is obtained and the construction, or alteration of the structure, is commenced and pursued diligently toward completion; or
b. A certificate of occupancy is obtained and a use or occupancy commenced. The Board of Adjustment may grant extensions not exceeding 180 days each, upon written application, without notice or hearing.