Article XVIII, § 160-176(C)

Other

• Standards for granting variances

  The Board shall not grant a variance unless it finds that: (1) The property owner acquired the property in good faith, and that by reason of exceptional narrowness, shallowness, size or shape or exceptional topographic conditions of the property or of the use or development of property immediately adjacent to it, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property; (2) The strict application of the chapter would produce undue hardship; (3) The hardship is not generally shared by other properties in the same zoning district and the same vicinity; (4) The Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant; (5) The authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance; (6) The condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the chapter; (7) The variance shall be in harmony with the intended spirit and purpose of this chapter; (8) Financial concerns shall not be the sole consideration as a basis for granting a variance; and (9) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.