§ 10.1. Existing lots and variances.

Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of the enactment of this ordinance did not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance; or if the topography, physical shape, or other unique features of such lots of record prevent reasonable compliance with the setback used as a building site upon approval of the building inspector, the yard and other space requirements of the district in which the property is located may be reduced by the smallest amount that will permit reasonable uses of the property as a building site. Such reduction of these space requirements shall constitute a variance. However, in no case shall the building inspector permit any lot in a residential district to be used as a building site which is less than 75 percent of the district's minimum area and yard requirements as set forth in article VIII of this ordinance. Further, the building inspector shall grant variances only upon finding that all of the following conditions exist:

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There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

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The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

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Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and

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Such conditions are peculiar to the particular piece of property; and

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The special circumstances surrounding the request for a variance are not the result of acts by the applicant; and

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The variance is not a request to permit a use of land, buildings, or structures which is not permitted [by] right or by conditional use permit in the district involved.

Upon approval of the mayor and council of the City of Union Point the minimum side yard and rear yard requirements of the district in which the property is located may be reduced by the smallest amount that will permit reasonable uses of the property as a building site. However, in no case shall the mayor and city council of the City of Union Point permit any lot in a residential district to be used as a building site which is less than 75 percent of the district's minimum area or front yard requirements or 33 percent of the district's minimum side and rear yard requirements. Further, the mayor and city council shall grant variances only upon finding that all of the following conditions exist:

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There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

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The application of this ordinance to the particular piece of property would create an unnecessary hardship; and

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Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of this ordinance; and

*

Such conditions are peculiar to the particular piece of property; and

*

The special circumstances surrounding the request for a variance are not the result of acts by the applicant; and

*

The variance is not a request to permit a use of land, buildings, or structures which is not permitted [by] right or by conditional use permit in the district involved.

(Ord. of 4-12-1994, § 2)