Legal Documents of Sweetwater

The purpose of the variance is to modify the strict application of the specific requirements of chapters 2 through 7 of this title in the case of exceptionally irregular, narrow, shallow, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his property under the zoning code.

1. Application. After written denial of a permit, a property owner may make application for a variance, using any form which might be made available by the board of zoning appeals.
2. Standards for variances. In granting a variance, the board shall ascertain that the following criteria are met:
   
   1. Variances shall be granted only where special circumstances or conditions, fully described in the funding of the board, do not apply generally in the district.
   2. Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
   3. For reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of the zoning code would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance. There must be a deprivation of beneficial use of land.
   4. The granting of any variance shall be in harmony with the general purposes and intent of the zoning code and shall not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.
   5. In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the person applying therefor. (1982 Code, § 11-607)