4.6.F Approval Standards

The Board of Zoning Adjustments may authorize a variance only when the evidence presented supports a finding that each case indicates all of the following:

A. The basic elements for a variance exist because the below standards have been met:

1.  Special conditions and circumstances exist that are peculiar to the land or structure involved and are not generally applicable to other land or structures in the same zoning district.

2.  The special conditions and circumstances do not result from the actions of the applicant or any other person who may have had an interest in the property.

3.  Literal interpretation of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

4.  The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party.

5.  Strict adherence to the regulation by the owner or their agent would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

B. The impacts of granting a variance are acceptable because the below standards are met:

1. Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands or structures in the same district or otherwise similarly situated.

2. The variance, if granted, will not alter the essential character of the locality.

3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood where the property is located.

4. The proposed variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion of nearby streets, increase the danger of fire, or otherwise endanger the public safety.

Ordinance No. 30567 MCS, March 20, 2026, Zoning Docket 049-25