HomeMy WebLinkAbout02413A. Before any variance can be granted, the Board shall make findings
of fact setting forth and showing that the following circumstances
exist:
1. In considering all proposed variances to this Ordinance, the
Board shall, before making any finding in a specified case,
first determine that the proposed variance will not amount
to a rezone and constitute change in the district boundaries
shown on the Official Zoning Map;
2. That special conditions and circumstances exist which are
peculiar to the land such as size, shape, topography or
location, not applicable to other lands in the same district
and that literal interpretation of the provisions of this
Ordinance would deprive the property owner of the rights
commonly enjoyed by other properties similarly situated
in the same district under the terms of this Ordinance;
3. That the special conditions and circumstances do not
result from the actions of the applicant;
4. That granting the variance requested will not confer a
special privilege to subject property that is denied
other lands in the same district;
j. That the granting of the variance will not be materially
deterimental to the nublic welfare or injurious to the
property or improvements in the vicinity and zone in
which subject property is situated;
6. The Board of Adjustment shall further make a finding that
the reasons set forth in the application ,justify the grant-
ing of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of, the
land;
y. The Board of Adjustment shall further make a finding that
the granting of the variance will be in harmony with the
general purpose and intent of this Ordinance and will not be
injurious to the neighborhood, or otherwise detrimental to
the public welfare;
8. The fact that property may be utilized more profitably will
not be an element of consideration before the Board of
Adjustment.
B. In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards that will ensure that the
purpose and intent of this Ordinance shall not be violated.
Violation of such conditions and safeguards when made part of
the terms under which the variance is granted, shall be deemed
a violation of this Ordinance and punishable under Section
6.16, "Penalties."
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