Dundee City Zoning Code

SECTION 21

04. - Powers of Zoning Board of Appeals—Use Variances.

Where owing to special conditions, a literal enforcement of the provisions of this Ordinance would cause unnecessary hardships, the Board of Appeals shall have the power upon appeal to authorize such variation or use provisions of this Ordinance with such conditions and safeguards as it may determine as may be in harmony with the spirit of this Ordinance and so that public safety and welfare be secured, and substantial justice done.

Standards: The Zoning Board of Appeals may grant a use variance only upon finding that an unnecessary hardship exists. A use variance is a variance that permits a use that is otherwise not provided for in a zoning district. A finding of an unnecessary hardship shall require demonstration by the applicant of all of the following:

The property cannot be reasonably used for any purpose permitted in the zoning district. There must be financial proof of the applicant's inability to realize any reasonable return; speculation or a qualitative assessment is inadequate;

The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district. The applicant must demonstrate that there are certain features that make it impossible to earn a reasonable return without some adjustment. In those situations where others share the difficulty, the Zoning Board of Appeals may find that relief should be accomplished by an amendment to the Zoning Ordinance, not a variance;

The problem and resulting need for the variance has not been self-created by the applicant;

The variance will not alter the essential character of the area. In determining whether this criteria has been met, the established type and pattern of land uses in the area and the natural characteristics of the site and surrounding area shall be considered; and

That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty.

Dundee City Zoning Code

SECTION 21

04. - Powers of Zoning Board of Appeals—Use Variances.

The problem and resulting need for the variance has not been self-created by the applicant;

That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty.

Dundee City Zoning Code

SECTION 21

04. - Powers of Zoning Board of Appeals—Use Variances.

The problem and resulting need for the variance has not been self-created by the applicant;

That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the practical difficulty.