Sec. 9-70

Other

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot permit unauthorized use

  The board of zoning appeals shall not grant a variance to permit a use in a district not authorized by that district's regulations.

• Required findings for varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.

  The board shall authorize a variance only if it makes all five findings: (A) strict application would produce undue hardship; (B) hardship not shared generally by other properties; (C) variance will not be substantial detriment to adjacent property and character of district not changed; (D) condition not of general or recurring nature; (E) variance is no greater than minimum variation necessary.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. standards

  The board of zoning appeals may grant a variance from the terms of this appendix as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this appendix will result in unnecessary hardship, provided that the spirit of the appendix shall be observed and substantial justice done. No variance shall be authorized unless the applicant shows that the property was acquired in good faith and that literal application would create an unnecessary hardship that would effectively prohibit or unreasonably restrict utilization of the property.

• Concurring vote required for varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.3 members

  The concurring vote of three members of the board of zoning appeals shall be necessary to effect any variance from this appendix.