<div class="chunk-title">Sec. 18-159. - Variances by the Wayne County Board of Adjustment.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The Wayne County Board of Adjustment may grant variances to the dimensional requirements
               of this article, as will not be contrary to the public interests, where owing to special
               conditions, a literal enforcement of the provisions of these sections will, in an
               individual case, result in practical difficulty or unnecessary hardship so that the
               spirit of this ordinance shall be observed, public safety, and welfare secured and
               substantial justice done.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               No variance may be issued until after a public hearing has been held on the request.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The total amount of time allowed for the supporters or the opponents of a petition
               to present arguments at the hearing shall be determined at the time of public hearing.
               At the hearing, the presiding officer of the hearing will decide whether to grant
               all or part of the request for additional time.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               In cases involving a controversial matter and a large number of persons wish to speak
               at the public hearing in favor of or against a request, the planning department reserves
               the right to require those persons to sign up in advance of the public hearing in
               order to facilitate and organize the speakers. Persons who do not register to speak
               in advance shall be allowed that right at the public hearing. If such a requirement
               for pre-registration is necessary, the advertised public hearing notice shall clearly
               indicate this requirement.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Such variance may be granted in such individual case of unnecessary hardship upon
               a finding by the board of adjustment that the following conditions exist:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               There are extraordinary and exceptional conditions pertaining to the particular piece
               of property in question because of its size, shape, or topography that are not applicable
               to other lands or structures having a similar use.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Granting the variance requested will not confer upon the applicant any special privileges
               that are denied to other property owners or residents with a similar use.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A literal interpretation of the provisions of this ordinance would deprive the applicant
               of the rights commonly enjoyed by other property owners or residents of the area in
               which the property is located.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The requested variance will be in harmony with the purpose and intent of this article
               and will not be injurious to the neighborhood or to the general welfare.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The special circumstances are not the results of the actions of the applicant.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The variance requested is the minimum variance that will make possible the legal use
               of the land, building, or structure.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-4-2012(Att. A), Â§ 9)
               </p></div>