Hyde Park City Zoning Code
§ 108-33.6
Standards for decisions.
A.
Original jurisdiction. The Zoning Board of Appeals shall consider the standards applicable to the particular matter upon which it is required to pass under this chapter.
B.
Appellate jurisdiction.
(1)
Use variances. No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the regulations and restrictions of this chapter have caused unnecessary hardship.
(a)
In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under this chapter applicable to the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or general neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Zoning Board of Appeals, in the granting of any use variance, shall grant the minimum variance that it shall deem necessary and adequate to address such unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the general neighborhood and the health, safety and welfare of the Town.
(2)
Area variance. The Zoning Board of Appeals, in making its determination, shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the general neighborhood or community by such grant.
(a)
The Zoning Board of Appeals, in making its determination, shall also consider:
[1]
Whether an undesirable change will be produced in the character of the general neighborhood or a detriment to nearby properties will be created by the granting of such area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the general neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessary preclude the granting of the area variance.
(b)
The Zoning Board of Appeals, in the granting of any area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the general neighborhood and the health, safety and welfare of the Town.