§ 4.6.3. Review criteria.

To approve a zoning variance application, the board of adjustment must find that A (1), (2), or (3), has been met and that B, C, and D have each been met:

A.

1.

Strict compliance with the standard sought to be varied will cause either:

(i)

A peculiar and exceptional practical difficulty or,

(ii)

An exceptional and undue hardship on the owner by reason of:

An exceptional physical condition of the property such as narrowness, shallowness, topography or location of the property, or other extraordinary and exceptional situation unique to the property provided the difficulty or hardship is not caused by the act or omission of the applicant, or

2.

The requested variance will promote or maintain the general purpose of the standard for which the variance is sought and will be equal to or better than the standard, or

3.

The requested variance will diverge from the standard only in a nominal, inconsequential way when considered in the context of property in the vicinity of the subject land or structure.

B.

Granting the variance will not result in a substantial adverse impact on other properties in the vicinity of the subject land or structure or be a detriment to the public good.

C.

Granting the variance will not substantially impair the intent and purpose of the land use code and master plan.

D.

The recommendations of referral agencies have been considered.

(Res. No. 07192005R010, Exh. A, 7-19-2005; Res. No. 05022006R001, 5-2-2006; Res. No. 07212009R002, Exh. A, 7-21-2009; Res. No. 12152015R002 , Exh. A, § 3, 12-15-2015)