3-3 Variances

Definition. A variance is a device which grants a property owner relief from certain provisions of the zoning ordinance when, because of the particular physical surroundings, shape, or topographical conditions of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to reduce financial difficulties. A. Variance Criteria. Unless otherwise provided in this Title, the Appeal Authority may grant a variance from the requirements of any provision of the zoning ordinance to the extent that such a grant shall be consistent with the provisions of this Section. Notwithstanding, the spirit of this Title must be observed and substantial justice done. Further, a previous variance can never set a precedent. Each case must be considered only on its individual merits. The Appeal Authority may grant a variance only if: 1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance; and 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district; and Last updated 9/22/2015 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district; and 4. The granting of the variance will not substantially affect the general plan and will not be contrary to the public interest; and 5. The spirit of the zoning ordinance is observed and substantial justice done. B. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under this section, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship: 1. Is located on or associated with the property for which the variance is sought; and 2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. C. In determining whether or not enforcement of the zoning ordinances would cause unreasonable hardship under this section, the Appeal Authority may not find unreasonable hardship if the hardship is self-imposed or economic. D. In determining whether or not there are special circumstances attached to the property under this section, the Appeal Authority may find that special circumstances exist only if the special circumstances: 1. Relate to the hardship complained of; and 2. Deprive the property of privileges granted to other properties in the same district. E. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. F. Variances, once granted, shall run with the land. G. Use variances may not be granted by the Appeal Authority or any other body. H. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will: 1. Mitigate any harmful effects of the variance; or 2. Serve the same or similar purpose of the standard or requirement that is waived or modified.