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MapLink™ | Procedures | Variances

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Variances
(1) No variance in the strict application of any of the requirements of this chapter shall be granted unless the Zoning Board of Appeals shall find that:
 
(a) There are conditions especially affecting the land or structure for which the variance is sought, which conditions are peculiar to such land or structure and not to the personal or financial circumstances of the appellant and which conditions are not affecting generally the area in which such land or structure is situated and have not resulted from any act of the appellant subsequent to the enactment of the requirement appealed from. Minor infractions in the location or height of a structure or the dimension or area of a lot, caused by human error, may be considered sufficient cause for an affirmative finding of this subsection unless, in the opinion of the Zoning Board of Appeals, such infractions can be repaired without impairing the use of the land or structure.

(b) The aforesaid conditions are such that the strict application of the requirements of this chapter would deprive the appellant of the reasonable use of such land or structure and the granting of the variance is necessary for the reasonable use of the land or structure, and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose.

(c) The granting of the variance would not permit the property to be used for a purpose that is denied to the occupants of other properties in the same zoning district.

(d) The granting of the variance is in harmony with the general purpose and intent of this chapter and will not be detrimental to public health, safety, convenience, welfare and property values.
 
(2) The records of the Zoning Board of Appeals shall include specific reasons for each of the findings above to be made before a variance may be granted. The Zoning Board of Appeals shall attach such conditions and safeguards as are necessary to ensure continued compliance with the terms of the variance.