VariancesThe Zoning Board of Appeals has the power to authorize upon appeal, specific variances for non-use standards.
Non-use Standards:. Variances from lot area and with regulations, building height and bulk regulations, yard width and depth regulations, off-street parking, loading space and landscaping standards and such requirements shall be permitted only if a practical difficulty in complying with Chapter 14 can be demonstrated by the applicant.
Non-use Variances must meet the following standards:
- The property for a permitted purpose.
- The variance would do substantial justice to the applicant as well as to other property owners in the zoning district and a lesser realization than that requested would not five substantial relief to the owner of the property or be more consistent with justice to other property owners.
- The plight of the landowner is due to the unique circumstance of the property.
- The alleged practical difficulty has not been created by any person presently or previously having an interest in the property.
- The Variance will not be contrary to the public interest.
- The variance will not cause any adverse effect to property in the vicinity or in the zoning district in which to property is located.
- The variance will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the zoning district in which the property is located.
- The variance will be designed to eliminate any possible nuisance emanating there from which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.