Skip to code content (skip section selection)
Compare to:
§ 154.155 STANDARDS FOR VARIANCES.
   (A)   Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Board of Appeals may in passing on appeals vary or modify any of the rules or provisions of this chapter relating to the construction, or structural changes in, equipment, or alteration of buildings or structures, or the use of land, buildings or structures, so that the intent of this chapter should be observed, public safety secured, and substantial justice done.
   (B)   To obtain a dimensional or non-use variance, the owner must show a practical difficulty by demonstrating that all of the following standards are met:
      (1)   That strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity unnecessarily burdensome;
      (2)   That a variance would do substantial justice to the owner as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;
      (3)   That the plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions; and
      (4)   That the problem is not self-created or based on personal financial circumstances.
   (C)   To obtain a use variance, the applicant must show an unnecessary hardship by demonstrating that all of the following standards are met:
      (1)   That the property in question cannot be used for any of the uses permitted in the district in which it is located;
      (2)   That the plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions;
      (3)   That by granting the variance, the essential character of the neighborhood would not be altered; and
      (4)   That the problem is not self-created or based on personal financial circumstances.
(Ord. passed 6-24-1996; Am. Ord. 02-02, passed 2-11-2002)