§ 19.6. Variances.

A.

Application. A dimensional variance request shall be accompanied by a drawing to scale, which includes all buildings and their individual front, rear and side yard distances from the property lines and any other structure on the property. The requested variance location shall be clearly identified on the drawing with additional information which demonstrates practical difficulties which supports the request for a variance.

B.

Standards for granting of variance. No variance in the provisions or requirements of this ordinance shall be authorized by the zoning board of appeals unless it is found from the evidence that all the following conditions exist:

1.

That compliance with the zoning ordinance would result in practical difficulties due to exceptional, extraordinary, or unique characteristics or conditions of the land or lot of record, including but not limited to:

a.

Exceptional narrowness of the width or depth of a lot of record, or an irregular shape.

b.

Exceptional natural or topographic features located on the lot of record, such as steep slopes, water, existing significant trees, or other unique or extreme physical conditions of the land.

c.

Extraordinary location of an existing building or structure that allows no other practical or feasible location for expansion because of exceptional features of the land.

d.

Other exceptional or extraordinary dimensional conditions or characteristics of land or lot of record.

2.

That the unusual circumstances do not apply to most other lots of record in the same manner or to the same extent to other lots of record in the same zoning district.

3.

That the variance is necessary for the preservation and enjoyment of a substantial property right. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

4.

That the granting of the variance will not be of substantial detriment to adjacent and nearby land uses and properties.

5.

That the applicant shall not have created the problem for which the variance is being sought.

6.

That the granting of the variance will not be contrary to the public interest and that the spirit of this ordinance shall be observed, public safety secured, and substantial justice done for both the applicant and other property owners in the district.

C.

Minimum variance necessary. In approving a variance, the zoning board of appeals shall only approve the minimum variance necessary to relieve the practical difficulty.

D.

Use variances. Under no circumstances shall the zoning board of appeals grant a variance to allow a use not permissible under the terms of this ordinance in the area involved, or any use expressly or by implication prohibited by the terms of this ordinance.