Variances

AREA VARIANCE

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the health, safety, and welfare of the neighborhood by such grant.  Shall consider:

• Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
• Whether the benefit sought by the applicant can be achieved by a method feasible for the applicant to pursue, other than an area variance.
• Whether the requested area variance is substantial.
• Whether the requested area variance will have an adverse effect or impact on the physical or environmental condition in the neighborhood or district.
• Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

USE VARIANCE

No such use variance shall be granted by the Board of Appeals without the showing by the applicant that the applicable zoning regulation and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that:

• Under applicable zoning regulations the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
• That the alleged hardshlp relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
• That the requested use variance, if granted will not alter the essential character of the neighborhood.
• That the alleged hardship has not been self-created.