§ 22.3. Variances.

A variance is a request for relief from the provisions of the zoning resolution. There are six types of variance applications. The type of variance necessary shall be determined by the director of the department of environment and community development. The different types of appeals are listed below and described in the following sections:

1.

Administrative variance.

2.

Minor variance/administrative minor variance.

3.

Primary variance.

4.

Secondary variance.

5.

Interpretation.

6.

Concurrent variance.

22.3.1 Variance considerations. Variances may be considered in all districts except CUP. Primary variances and concurrent variances shall only be granted upon showing that: (Amended 12-1-99)

A.

Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general purpose and intent of the zoning resolution; or,

B.

The application of the particular provision of the zoning resolution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public; or,

C.

Conditions resulting from existing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road.