Article XI, Sec. 28-784

Other

• Appeal deadline30 days

  Such appeal shall be taken within 30 days after the decision appealed from

• Modification from physical requirements

  The zoning administrator is hereby authorized to grant a modification from any provision contained in this article with respect to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of or related to any building, structure or improvements if the administrator finds in writing that: (1) The strict application of the article would produce undue hardship; (2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (3) The authorization of the modification will not be of substantial detriment to the adjacent property and the character of the zoning district will not be changed by the granting of the modification.

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

  A variance shall be granted if the evidence shows that the strict application of the terms of the article would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance from which this article is derived; and (1) property acquired in good faith and hardship not created by applicant; (2) not substantial detriment to adjacent property; (3) condition not general or recurring; (4) does not result in a use not otherwise permitted or change in zoning; (5) relief not available through special exception or modification process.