[Amended 4-21-2015 by L.L. No. 3-2015]
Where the Zoning Board of Appeals/Planning Board finds that
extraordinary and unnecessary hardships may result from strict compliance
with these regulations, it may vary the regulations so that substantial
justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent
and purpose of the Official Map, the Master Plan or the Zoning Ordinance,
if such exists.[1]
[Amended 4-21-2015 by L.L. No. 3-2015]
Where the Zoning Board of Appeals/Planning Board finds that
due to the special circumstances of a particular plat, the provision
of certain required improvements is not requisite in the interest
of the public health, safety and general welfare or is inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the proposed subdivision, it may waive such requirements
subject to appropriate conditions.
[Amended 5-19-1992 by L.L. No. 1-1992; 4-21-2015 by L.L. No. 3-2015]
In granting variances and modifications, the Zoning Board of
Appeals/Planning Board shall require such conditions as will, in its
judgment, secure substantially the objectives of the standards or
requirements so varied or modified, in accordance with the following
criteria:
A.
Criteria. The Zoning Board of Appeals/Planning Board shall have the
power to vary or adapt the strict application of any of the requirements
of this chapter in the case of extraordinary physical conditions whereby
such strict application would result in unnecessary hardship that
would deprive the owner of reasonable use of the land or building,
but in no other case. A variance in this chapter shall be granted
by the Zoning Board of Appeals/Planning Board only if it finds:
(1)
There are special conditions, described in the findings of the Board,
applying to the case in question and not generally to the neighborhood,
and said conditions are such that strict application of the provisions
of this chapter would deprive the owner of reasonable use of such
land or buildings;
(2)
The granting of the variance is necessary for reasonable use of the
land or building and said variance is the minimum variance, within
the same use, that will accomplish this purpose; and
(3)
The granting of the variance will be in harmony with the general
purpose of this chapter and will not be injurious to the neighborhood
and public welfare. In no case shall reasons of additional financial
gain on the part of the owner of the building or land be considered
as grounds for granting a variance.
B.
Conditions. The Zoning Board of Appeals/Planning Board, in granting
any variance, shall prescribe any conditions that it deems to be necessary
or desirable.
C.
Compliance. The granting of a variance from this chapter shall not
obviate the necessity of complying with all other applicable provisions
of this chapter in every other respect.
D.
Fee. Each application to the Zoning Board of Appeals/Planning Board
for a variance from this chapter shall be accompanied by a fee of
$30.
