As used in this article, the following terms shall have the
meanings indicated:
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
USE VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
The Zoning Board of Appeals may, after a public hearing, grant
a variance from the strict application of the provisions, of this
chapter in accordance with the following:
A. Use variance. The Zoning Board of Appeals may grant a use variance,
by the applicants indicating that the applicable zoning regulations
and restrictions have caused unnecessary hardship and where the applicant
has established all of the following factors:
(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 property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(3)
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. Area variance. Area variance may be considered where setback, frontage,
lot size, density or yard requirements of this chapter cannot be reasonably
met. The Zoning Board of Appeals may grant an area variance, taking
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. In making such a determination,
the Zoning Board of Appeals shall consider the following factors:
(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 or environmental conditions in the neighborhood
or district;
(5)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance;
(6)
Whether the proposed variance is the minimum variance necessary
to afford relief; and
(7)
Whether feasible alternatives not requiring a variance are available.
C. The Zoning Board of Appeals may attach conditions to variance approvals
as it deems necessary to minimize the impact the variance may have
on the neighborhood or community.