Zoning Ordinances
› Article 6 — ADMINISTRATIVE › Division 3 — ZONING
Section 21.08
Standards for Variances
Adopted July 27, 2026
- 1. No variance of the provisions or requirements of this ordinance shall be authorized by the Zoning Board of Appeals unless the Zoning Board of Appeals finds, from reasonable evidence, that all of the following facts and conditions exist: a. To issue a variance authorizing the use of a building or land for a use not normally permitted within that zoning district, the applicant must demonstrate unnecessary hardship by showing that:
- 1) the property cannot be put to a reasonable use under the requirements of the district that the parcel is located;
- 2) the problem is due to unique circumstances peculiar to the property and not to general neighborhood conditions;
- 3) the proposed use would not alter the essential character of the area;
- 4) the problem is not self-created; and
- 5) issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured, and substantial justice done. b. To issue a variance that modifies the dimensional requirements of this ordinance, such as setbacks, minimum lot size or maximum building height, the applicant must demonstrate practical difficulty by showing that: 1) the standard for which the variance is being granted would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity unnecessarily burdensome;
2) the variance would do substantial justice to the applicant as well as to other property owners in the district and a lesser relaxation of the standard would not provide substantial relief and be more consistent with justice to others 3) the problem is due to circumstances unique to the parcel 4) the problem is not self-created; and 5) issuance of the variance would still ensure that the spirit of the ordinance is observed, public safety secured, and substantial justice is done.
REZONING,
ORDINANCE
AMENDMENTS,
AND MASTER PLAN
AMENDMENTS
REZONING,
ORDINANCE
AMENDMENTS,
AND MASTER
PLAN
AMENDMENTS