(a) Dimensional Variances. To authorize a non-use or dimensional variances from the strict applications of the provisions of this Zoning Code, each of the following criteria must be met:
(1) There are exceptional or extraordinary circumstances applying to the property that do not apply generally to other properties in the same zoning classification. Exceptional or extraordinary circumstances include:
A. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this Zoning Code, or amendment thereto.
B. Exceptional topographic conditions.
C. Any other physical situation on the land, building or structure deemed by the Zoning Board of Appeals to be extraordinary.
D. By reason of the use or development of the property immediately adjoining the property in question.
(2) Such a variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity (possible increased financial return is not of itself, sufficient to warrant a variance).
(3) Authorization of a variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this Zoning Code or the public health, safety, and general welfare of the community.
(4) The condition or situation of the specific piece of property or the intended use of said property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such condition or situation, a part of this Zoning Code.
(b) Lots of Record – Determination Required. The granting of a variance for minimum lot size (square feet) and lot width (feet) is not required when the subject lot is a lot of record, and the Board has determined the property to be a buildable zoning lot.
(c) Use Variance. No variance can be made in the use of land, and the Board does not consider use variance requests.
(Ord. 2023-01. Passed 2-7-23.)