Each case before the Zoning Board of Appeals is considered as an individual case and conforms to the detailed application to the following standards in a manner appropriate to the particular circumstances of such case.

Use Variances

  • In order to approve a variance in the permitted use of land, the applicant must demonstrate unnecessary hardship. To demonstrate unnecessary hardship, the Zoning Board of Appeals must find that all of the following standards have been met:
  • The property cannot be put to a reasonable use as currently zoned.
  • The problem is due to unique circumstances peculiar to the property and not to general neighborhood conditions.
  • The proposed use will not alter the essential character of the area.
  • The problem is not self-created.
  • The spirit of the ordinance will be observed, public safety secured and substantial justice done if the variance is approved.

Non-use variances

  • In order to approve a variance in requirements of the ordinance other than permitted use of the land, the applicant must demonstrate practical difficulty. To demonstrate practical difficulty, the Zoning Board of Appeals must find that all of the following standards have been met:
  • Strict enforcement of the provisions of this ordinance would cause unnecessary hardship and deprive the owners of rights enjoyed by all other property owners within the same district
  • There are conditions and circumstances unique to the property, such as an exceptional narrowness, shallowness, shape or area or topographic conditions, which are not similarly applicable to other properties in the same zoning district
  • The conditions and circumstances unique to the property were not created by the owner or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property
  • The requested variance will not confer special privilege that is denied other properties similarly situated and in the same zoning district
  • In addition to meeting the standards listed above, the requested variance will not be contrary to the spirit and intent of this Zoning Ordinance and will not be detrimental to the public good