1977 ORDINANCES - Laserfiche WebLink

Home Browse Search

(2) THAT LITERAL INTERPRETATION OF THE PROVISIONS OF THIS CHAPTER WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS CHAPTER; (3) THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE VOLUNTARY ACTIONS OF THE APPLICANT; -f-4i THAT-GRANT+NG-THE-VAR+ANEE-REQUESTEB-W+EE-NBT-EeNFER-BN THE-APPETEANT-ANY-SPEETAE-PRIV4EEGE-THAT-TS-BENIEB-BY-THTS-EHAPTER TB-9THER-EANBS--STReeTHRES-OR-BUTEBINGS-IN-THE-SAME-BTSTRTET. (B) NON NONCONFORMING USE OF NEIGHBORING LANDS, STRUCTURES, OR BUILDINGS IN THE SAME DISTRICT, AND NO PERMITTED OR NONCONFORMING USE OF LANDS, STRUCTURES, OR BUILDINGS IN OTHER DISTRICTS SHALL BE CONSIDERED GROUNDS FOR THE ISSUANCE OF A VARIANCE. (C) TSE BOARD MAY GRANT SUCH VARIANCE WHEN A PROPERTY OWNER CAN SHOW THAT HIS PROPERTY WAS ACQUIRED IN GOOD FAITH AND WHERE BY REASON OF THE EXCEPTIONAL NORROWNESS, SHALLOWNESS, SIZE OR SHAPE OF A , SPECIFIC PIECE OF PROPERTY AT THE TIME OF THE EFFECTIVE DATE OF THE ORDINANCE, OR WHERE BY REASON OF EXCEPTIONAL TOPOGRAPHIIC CONDITIONS OR OTHER EXTRAORDINARY SITUATION OR CONDITION OF SUCH PIECE OF PROPERTY, OR OF THE USE OF DEVELOPMENT OF PROPERTY IMMEDIATELY ADJACENT THERETO, THE STRICT APPLICATION OF THE TERMS OF THE ORDINANCE WOULD EFFECTIVELY PROHIBIT OR UNREASONABLY RESTRICT THE USE OF THE PROPERTY OR WHERE THE BOARD IS SATISFIED UPON THE EVIDENCE HEARD BY IT. THAT THE GRANTING OF SUCH VARIANCE WILL ALLEVIATE A CLEARLY DEMONSTRABLE HARDSHIP APPROACHING CONFISCATION AS DISTINGUISHED FROM A SPECIAL PRIVILEGE OR CONVENIENCE SOUGHT BY THE APPLICANT. PROVIDED THAT ALL VARIANCES SHALL BE IN HARMONY WITH THE INTENDED SPIRIT AND PURPOSE OF THE ORDINANCE. (D) IF THE BOARD OF ZONING APPEALS FINDS, AFTER HEARING, THAT THE CONDITIONS ABOVE-UNUMERATED HAVE BEEN SATISFIED AND THE BOARD FURTHER FINDS THAT THE VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE LAND, BUILDING OR STRUCTURE AND THAT GRANTING THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL PURPOSES OF THIS CHAPTER AND WILL NOT BE INJURIOUS TO THE NEIGHBORHOOD OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE, IT MAY GRANT THE VARIANCE. IF, FOR ANY REASON, ANY OF THE ABOVE FINDINGS CANNOT BE MADE, THE BOARD SHALL DENY THE PETITION FOR A VARIANCE. THE REQUIRED FINDINGS MUST BE MADE A PART OF THE BOARD'S ORDER. (E) IN GRANTING ANY VARIANCE THE BOARD OF ZONING APPEALS MAY PRESCRIBE APPROPRIATE CONDITIONS AND SAFEGUARDS IN CONFORMITY WITH THIS CHAPTER. (F) UNDER NO CIRCUMSTANCES SHALL THE BOARD GRANT A VARIANCE TO ALLOW A USE NOT PERMITTED UNDER THE TERMS OF THIS CHAPTER IN THE DISTRICT INVOLVED. 7