Development Guidance System Ordinance, 2009 - Hardin County ...

DEVELOPMENT GUIDANCE SYSTEMWhere the Board finds that extraordinary hardships or practicaldifficulties may result from strict compliance with these dimensionalregulations, and/or the purposes and goals of the PLANNING FORGROWTH COMPREHENSIVE DEVELOPMENT GUIDE 2008 and theDEVELOPMENT GUIDANCE SYSTEM may be served to a greaterextent by an alternative proposal, it may approve variances to theprovisions herein.In approving variances, the Board may require such additionalconditions and/or restrictions as will, in its judgment, secure theobjectives of the PLANNING FOR GROWTH COMPREHENSIVEDEVELOPMENT GUIDE 2008 and the DEVELOPMENT GUIDANCESYSTEM.Application and Standards for VariancesThe Board shall review all applications for dimensional variances.Applications shall only be approved when it is determined thatsubstantial justice may be achieved and the public interest, health,safety, and welfare secured; provided, however, that they shall nothave the effect of nullifying the intent and purposes of the PLANNINGFOR GROWTH COMPREHENSIVE DEVELOPMENT GUIDE 2008and the DEVELOPMENT GUIDANCE SYSTEM.1. Before any variance is granted, the Board must find that thegranting of the variance:• will not adversely affect the public health, safety or welfare,• will not alter the essential character of the general vicinity,• will not cause a hazard or a nuisance to the public, and• will not allow an unreasonable circumvention of therequirements of this regulation.In making these findings, the Board shall consider whether:a. The requested variance arises from special circumstanceswhich do not generally apply to land in the general vicinity;b. The strict application of the provisions of the regulation woulddeprive the applicant of the reasonable use of the land orwould create an unnecessary hardship on the applicant;c. The circumstances are the result of actions of the applicanttaken subsequent to the adoption of this regulation fromwhich relief is sought.2. The Board shall deny any request for variance arising fromcircumstances that are the result of willful violations of thisregulation by the applicant subsequent to the adoption of thisregulation.BOARD OF ADJUSTMENT 69