2. An appeal stays all proceedings in furtherance of the action appealed from, unless
the Codes Administrator certifies to the Board, after the Notice of Appeal shall
have been filed with him, that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may
be granted by the Board, or by a court of record on application or notice to the
Codes Administrator on good cause shown.
B. Variances. To authorize in specific cases a variance from the specific terms of these
regulations which will not be contrary to the public interest and where, owing to special
conditions, a literal enforcement of the provisions of these regulations will, in an
individual case, result in unnecessary hardship, provided the spirit of these regulations
shall be observed, public safety and welfare secured, and substantial justice done. Such
variance shall not permit any use not permitted by the zoning regulations in such district.
1. The applicant must show that his property was acquired in good faith and where
by reason of exceptional narrowness, shallowness or shape of this specific piece
of property at the time of the effective date of the District Zoning Regulations, or
where by reason of exceptional topographical conditions or other extraordinary or
exceptional circumstances, the strict application of the terms of the zoning
regulations actually prohibit the use of this property in the manner similar to that
of other property in the zoning district where it is located.
2. Variances from these regulations may be granted only in the following instances:
a. To vary the applicable lot area and width, height and yard regulations.
b. To vary the applicable off-street parking and off-street loading
3. A request for a variance may be granted upon a finding of the Board that all of the
following conditions have been met. The Board shall make a determination on
each condition and the finding shall be entered in the record.
a. The variance requested arises from such condition which is unique to the
property in question and which is not ordinarily found in the same zone or
district and is not created by an action or actions of the property owner or
b. The granting of the permit for the variance will not adversely affect the
right of adjacent property owners represented in the application.
c. The strict application of the provisions of the zoning regulations of which
the variance is requested will constitute unnecessary hardship upon the
property owner represented in the application.
d. The variance desired will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare.
e. The granting of the variance desired will not be opposed to the general
spirit and intent of the zoning regulations.