Variation Standards

The ZBA may only approve a variation if the applicant presents evidence at the public hearing establishing compliance with each of the following standards:

  1. Reasonable Return: The property in question cannot yield a reasonable return if to be permitted to be used only under the regulations of the district in which it is located.
  2. Unique Hardship or Practical Difficulty: The shape, topography or other conditions of the land is such that it is extremely difficult to comply with the regulations generally applicable to the property.
  3. Character of the Area: The applicant must show that the variation requested will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use or development of property or improvements permitted in the vicinity; will not materially impair an adequate supply of light and air to properties and improvements in the vicinity; will not substantially increase congestion in the public streets due to traffic or parking or increase the danger of flood or fire; will not unduly tax public utilities and facilities in the area or will not endanger the public health, safety or welfare.
  4. Minimum Variation: Any variation considered by the ZBA shall be considered the minimum variation necessary for the reasonable use of the land.