HomeMy WebLinkAboutUse and Area Variance Criteria.pdfUse Variance:
To allow a use not otherwise allowed in zoning, an applicant must demostrate to the Board -
unnecessary hardship. Such demostration includes all of the following, for each and every
permitted use:
Definition:Request for a use in an area where it is not permitted by the Zoning Laws.
i.e. commercial use in a residential district, multi-family in a single residential area
Applicant must show the following
cannot realize a reasonable return - substantial as shown by
competent financial evidence;
alledged hardship is unique and does not apply to a
substantial portion of the district or neighborhood
requested variance will not alter essential character of the neighborhood
alleged hardship has not been self created.
If approved shall grant minimum variance necessary, and may impose reasonable conditions.
Area Variance:
Balancing Test - Board of Appeals shall balance benefit to applicant with detriment to
health, safety & welfare of the community
Definition: Request to build or maintain physical improvements which deviate from the Zoning
Ordinances.
Board of Appeals shall also consider:
whether benefit can be achieved by other means feasible to applicant;
undesirable change in neighborhood character or to neatby properties
Whether request is substantial;
whether request will have adverse physical or environmental effects;
whether alleged difficulty is self-created;
If approved shall grant minimum variiance necessary, and may impose reasonable conditions.