Section 7.11 VARIANCES Procedure Variance requests shall be filed with the Zoning Administrator on the appropriate application form provided, accompanied by any required application fee. The application must be deemed substantially complete by the Zoning Administrator to be considered. The application shall be scheduled for consideration by the Governing Body according to the schedule and deadlines established by the Zoning Administrator. Incomplete applications shall be returned to the applicant. Additional materials may be submitted in support of an application at the discretion of the applicant. Findings Required A variance may only be allowed by the of Adjustment in cases involving practical difficulties or unnecessary hardships when substantial evidence is provided in the official record that supports each of the following findings: That the alleged hardships or practical difficulties are unique and singular as regards to the property of the person requesting the variance and are not suffered in common with other property similarly located. That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this Ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. That the variance is in harmony with this Ordinance and serves the general intent and purpose. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. Evidence to Support Findings Substantial evidence in the record of proceeding before the Board must be provided to support the finding of fact by the Board of Adjustment on all five categories above. Conditions The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this Ordinance. Construction Upon granting of any variance resulting in the issuance of a building permit, the permit must be obtained and construction or the proposed use begun within 180 days of the date of the Board of Adjustment hearing, after which the permit shall be null and void.
Section 7.11 VARIANCES Procedure Variance requests shall be filed with the Zoning Administrator on the appropriate application form provided, accompanied by any required application fee. The application must be deemed substantially complete by the Zoning Administrator to be considered. The application shall be scheduled for consideration by the Governing Body according to the schedule and deadlines established by the Zoning Administrator. Incomplete applications shall be returned to the applicant. Additional materials may be submitted in support of an application at the discretion of the applicant. Findings Required A variance may only be allowed by the of Adjustment in cases involving practical difficulties or unnecessary hardships when substantial evidence is provided in the official record that supports each of the following findings: That the alleged hardships or practical difficulties are unique and singular as regards to the property of the person requesting the variance and are not suffered in common with other property similarly located. That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this Ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. That the variance is in harmony with this Ordinance and serves the general intent and purpose. That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. Evidence to Support Findings Substantial evidence in the record of proceeding before the Board must be provided to support the finding of fact by the Board of Adjustment on all five categories above. Conditions The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this Ordinance. Construction Upon granting of any variance resulting in the issuance of a building permit, the permit must be obtained and construction or the proposed use begun within 180 days of the date of the Board of Adjustment hearing, after which the permit shall be null and void.
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