Article XVII, § 171-92

Other

• Conditions and restrictions by Board

  The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in § 171-92 to reduce or minimize the injurious effect of such variance upon surrounding property and to better carry out the general intent of this chapter. The Board may establish expiration dates as a condition or as a part of the variance. The Board may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.

• Notice to affected property owners

  It shall be the general rule of the Board that reasonable efforts shall be made to contact and notify interested parties who, in the opinion of the Board, may be affected by any matter brought before the Board. In all cases all owners of record of adjoining property, including those separated by a public way from the premises in question, shall be notified. The notification required to meet this provision shall be accomplished by certified mail addressed to the respective owner at the address given in the latest tax assessment.

• Use variances prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permitted under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.

• Exceptional narrowness, shallowness, size, shape, or topographical conditions

  The property owner acquired the property in good faith and that, by reason of exceptional narrowness, shallowness, size or shape or exceptional topographical conditions or other extraordinary 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;

• Undue hardship

  The strict application of the ordinance would produce undue hardship;

• Hardship not generally shared

  The hardship is not generally shared by other properties in the same zoning district and the same vicinity;

• Demonstrable hardship approaching confiscation

  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;

• No substantial detriment to adjacent property

  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;

• Condition not general or recurring

  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 this chapter;

• Harmony with spirit and purpose

  The variance shall be in harmony with the intended spirit and purpose of this chapter;

• Financial concerns not sole basis

  Financial concerns shall not be the sole consideration as a basis for granting a variance; and

• No special privilege

  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.