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Article IV  Board of Adjustments: Dimensional Variances

440 Dimensional Variances 

The Boards shall have the power to hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of this Ordinance or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the dimensional requirements (height or width of building or size of yards, but not population density) of this Ordinance would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same district. The Boards may impose any reasonable conditions or restrictions on any variance it decides to grant. 

Before any variance is granted, the Board must find all of the following, which shall be recorded along with any imposed conditions or restrictions in its minutes and records and issued in written form to the applicant to constitute proof of the dimensional variance.

      a. The specific conditions in detail which are unique to the applicant's land and which do not exist on other land in the same zone. 

      b. The manner in which the strict application of the provisions of the Ordinance would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone. 

      c. That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the Ordinance. 

      d. Reasons that the various will preserve, not harm, the public safety and welfare and will not alter the essential character of the neighborhood. 

      e. Consideration of all adjoining property owner's comments regarding the variance request. The Board shall not possess the power to grant a variance to permit a use of any land, building or structure which is not permitted by the Ordinance in the district in question, or to alter density requirements in the district in question. A variance shall not be granted that will permit placement of any structure closer than six feet to a property line. 

Measurement will be made from that part of a structure that is nearest to the property line. A dimensional variance applies to the property for which it is granted, and not to the individual who applied for it. A variance also runs with the land, but it cannot be transferred by the applicant to a different site.

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