A.
The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Zoning Officer, to grant area
variances. The Zoning Board of Appeals, in making its determination,
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination the Board shall also consider:
(1)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(2)
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than an
area variance;
(3)
Whether the requested area variance is substantial;
(4)
Whether the proposed variance will have an adverse effect or
impact on the physical environmental conditions in the neighborhood
or district; and
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board, but shall not necessarily
preclude the granting of the area variance.
B.
In granting an area variance, the Zoning Board of Appeals shall grant
the minimum variance that it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health and welfare of the community.
A.
The Zoning Board of Appeals, on appeal from the decision of the Zoning
Officer, shall have the power to grant a use variance. No such variance
shall be granted without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such aforementioned hardship, the applicant shall
demonstrate to the Board for each and every permitted use under the
zoning regulations for the particular district where the property
is located the following:
(1)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(2)
The alleged hardship relating to the subject property is unique
and does not apply to a substantial portion of the district or neighborhood;
(3)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
(4)
The alleged hardship has not been self-created.
B.
The Zoning Board of Appeals, in granting the use variance, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
A.
The purpose of this enabling legislation is to accommodate persons
with disabilities in need of a ramp to facilitate access to such person's
residence. It is recognized that such a disability may or may not
be of short duration and that the person resides at a residence which
does not have sufficient area at any entranceway to the residence
to permit the construction of a ramp without violating yard setbacks.
It is hereby intended to allow the construction of such a ramp in
violation of setbacks only for the duration of the resident's need
and to require the removal of such ramp thereafter.
B.
The Zoning Board of Appeals is hereby granted the authority to vary
any front, side or rear yard setback and lot coverage to accommodate
the disability of resident upon the following conditions:
(1)
Proof that there is no existing entrance to the residence at
which a ramp could be constructed without a variance;
(2)
The length of the ramp to be constructed does not exceed the
minimum recognized standard of rise per foot;
(3)
The variance granted must be for an entryway which is the least
intrusive to the neighborhood; and therefore, the order of required
preference for locations is rear entrance, side entrance, front entrance;
(4)
The ramp must be dismantled and removed within 90 days of the
termination of the need for it.
C.
The variance granted pursuant to this section shall not run with
the land and shall terminate of the need for it.
A.
The Zoning Board of Appeals shall, in the granting of either a use
variance, an area variance or an access ramp variance, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of this
chapter and shall be imposed for the purpose of minimizing any adverse
impact the granting of the variance may have on the neighborhood or
community.
