[Amended 12-4-2023 by Ord. No. 2023-12]
Relief from the literal requirements of this chapter because of hardship may be granted to any person, group, agency or corporation through the issuance of a variance by the Zoning Board of Review under the procedures of Article XII herein, or the Planning Board under the unified development review process as defined in § 185-5. Two types of variances can be considered: a use variance and a dimensional variance.
In granting either a use or dimensional variance,
the Zoning Board of Review shall require that evidence to the satisfaction
of the following standards be entered into the record of the proceedings:
A.
That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in § 185-3P.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
That the hardship is not the result of any prior action
of the applicant.
[Amended 12-4-2023 by Ord. No. 2023-12]
C.
That the granting of the requested variance will not
alter the general character of the surrounding area or impair the
intent or purpose of this chapter or the Comprehensive Plan.[1]
[1]
Editor's Note: Former Subsection D, regarding relief granted,
which immediately followed, was repealed 12-4-2023 by Ord. No. 2023-12.
Prior to the granting of a use variance by the Zoning Board of Review, in addition to the standards of § 185-69, the applicant has the burden of proving that the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. The nonconforming use of neighboring lands or structures in an adjacent district shall not be considered grounds for the issuance of a use variance.
[Amended 1-5-2015 by Ord.
No. 2014-6; 12-4-2023 by Ord. No. 2023-12]
Prior to the granting of a dimensional variance by the Zoning Board of Review, in addition to the standards of § 185-69, the applicant has the burden of proving that the hardship to be suffered by the owner of the subject property shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
