§ 26-92-100. Variances generally.

(a)

Whenever, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings which are unique to the subject property alone, where the strict application of this chapter is bound to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification, a variance may be granted. Justification for such a variance shall be based solely on comparative information describing the disparities between the subject property and surrounding properties and the burden of demonstrating that the above requirements are met shall be the responsibility of the applicant.

(b)

At the conclusion of the public hearing, the board of zoning adjustments shall make written findings of fact showing whether or not the requirements of subsection (a) of this section apply to the variance sought. As a part of such findings, the board shall set forth such conditions, if any, as are necessary to obtain compliance with the provision of such subsection. Following the aforesaid hearings, the board of zoning adjustments shall make its determination on the matter within sixty (60) days after the hearing is closed. Failure of the board of zoning adjustments to reach a decision on the matter within sixty (60) days after the hearing is closed shall constitute a denial of the request by the Board.

(Ord. No. 4643, 1993.)