|
A variance
is a relaxation of the terms of the zoning ordinance where such
variance will not be contrary to the public interest and where,
owing to conditions peculiar to the property, and not the result
of the actions of the applicant, a literal enforcement of the
ordinance would result in unnecessary and undue hardship.
Variances cannot be approved because of economic conditions, such
as that it would cost more to build in compliance with the Zoning
Ordinance. As used in the Clinton County Zoning Ordinance, a
variance is authorized only for height, area, and size of
structure or size of yards and open spaces. Establishment or
expansion of a use otherwise prohibited cannot be allowed by the
variance, nor can a variance be granted because of the presence of
nonconformities in the zoning district or uses in an adjoining
zoning district.
In order to
grant a variance, it must be found that the property cannot be
used for any reasonable purpose within its current zoning
district, unless a variance is granted. The cost of removal
of an illegally built structure does not constitute unnecessary
hardship-it should not have been built in the first place. A
variance also cannot be used to create a new non-conforming lot.
The
application form for a Variance is located here.
|
