Guttenberg City Zoning Code
§ 28-24.2
Use Variance Procedure.
[Ord. 3/87 § 6.424]
a.
The determination of the facts shall indicate that an appropriate application was submitted to the Enforcing Officer and was disapproved by him, the nature and extent of the proposed use, the special reasons as submitted to the Board for consideration in support of the request to permit a use in a district from which it is otherwise excluded by this chapter. And, at the discretion of the Board, the transmittal of the appropriate documents to the Planning Board for review.
b.
The report and recommendations, if any, of the Planning Board shall be summarized.
c.
The findings shall include the following as a minimum:
1.
The special reasons as set forth, apply to the particular property and do not apply generally in the neighborhood.
2.
The same general purposes cannot be accomplished by amendment of the Zoning Ordinance or the Official Zoning Map as provided for in this chapter.
3.
The use is one that is otherwise a legal use permitted elsewhere in the Town under the provisions of this chapter.
4.
The use will be compatible with the general character of the neighborhood.
5.
The use will not cause substantial injury to the value of property in the neighborhood.
6.
The use is so designed, located and proposed to be operated that the public health, safety and convenience will be protected.
7.
The variance, if granted, will not result in substantial detriment to the public good and will not impair the intent and purpose of the Comprehensive Development Plan or the Zoning Ordinance.
d.
Should the Planning Board recommend any special conditions to the approval of a use variance, the resolution may describe such recommendations and the action taken by the Board of Adjustment with respect to each of them.