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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.