Section 29-800 VARIANCES

Section 29-801 A variance in the provisions or requirements of this Ordinance shall be authorized by the Board of Appeals after first making a finding, based upon competent material and substantial evidence on the whole record that meets the following Standards:

Section 29-802 The need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic hardship_

Section 29-803 That the need for the requested variance is not the result of actions of the property owner or previous property owners (self created).

Section 29-804 That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

Section 29-805 Whether granting the requested variance would do substantial justice to the applicant as well as to other property owners in the district, or whether granting a lessor variance than requested would give substantial relief to the property owner and be more consistent with justice to other property owners.

Section 29-806 That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district)

Section 29-900 CONDITIONS OF APPROVAL

Section 29-901 In authorizing a variance, the Board of Appeals may, in addition to the specific conditions of approval called for in this Ordinance, attach thereto such other conditions regarding location, character, landscaping or treatment reasonably necessary to the furtherance of the intent and spirit of this Ordinance and the protection of the public interest.

Section 29-1000 VARIANCES: TIME LIMITATIONS

Section 29-1001 Any variance granted by the Board of Appeals shall automatically become null and void after a period of twelve (12) months from the date granted unless the owner or his agent shall have taken substantial steps toward effecting the variance as a ranted