§ 100-808. Findings.  


Latest version.
  • Except for conditional use permits, no variance to the provisions of this chapter shall be granted by the board of zoning and building appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and indicates such in the minutes of its proceedings:

    (1)

    Preservation of intent: No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use or conditional use in that particular district.

    (2)

    Exceptional circumstances: There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that this chapter should be changed.

    (3)

    Economic hardship and self-imposed hardship not grounds for variance: No variance shall be granted solely on the basis of economic gain or loss. Self imposed hardships shall not be considered as grounds for the granting of a variance.

    (4)

    Preservation of property rights: The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

    (5)

    Absence of detriment: No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

    (6)

    Additional requirements: Additional requirements in the floodplain/shoreland-wetland zoning district shall be as set forth in division 7 of article II of this chapter.

(Ord. No. 700, § VI, 1-21-03)