§ 180-62

Other

• Burden of proof for variances

  The burden of proof shall be on the applicant to prove by a preponderance of the evidence that the application meets the standard for a variance as defined in the criteria set out in this section.

• BZA decision deadline for variances60 days

  In any case, the Board of Zoning Appeals shall reach its decision within 60 days of the public hearing and promptly inform the applicant of its decision, unless the applicant and the Board of Zoning Appeals agree to an extension for the decision.

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

  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 the property meets the following conditions: (a) 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. (b) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. (c) The condition or situation 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 ordinance. (d) 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.