Extracted standards
2 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. reconsideration wait1 year
Once the Board considers and renders a decision on a variance, the Board shall not consider substantially the same request for one (1) year, except when such decision is the subject of a motion to rehear.
- VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. vote required4 members
The concurring vote of four (4) members of the Board of Zoning Appeals shall be necessary to effect any variance from this chapter.
From the ordinance
A variance shall be granted if the evidence shows that the strict application of the terms of the ordinance 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, and (1) The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (2) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (3) The condition or situation of the property concerned 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 ordinance; (4) The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (5) The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application.