Zoning Ordinance

variance shall be used only where necessary to overcome some obstacle, which is preventing an owner from using his property under this ordinance.

A. Application:

A property owner may make application for a variance, using the standard form made available by the Board of Zoning Appeals.

B. Hearings:

Upon receipt of an application and a non-refundable application fee, the Board shall hold a hearing to decide whether a variance to the ordinance provisions is, in fact, necessary to relieve unnecessary hardships which act to deprive the property owner of the reasonable use of his land. The Board shall consider and decide all applications for variances within a timely manner of such hearing and in accordance with the standards provided below.

C. 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 finding 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 this ordinance 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 any beneficial use of land;

4. The granting of any variance shall be in harmony with the general purposes and intent of this ordinance 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 therefore.

6.09. AMENDMENTS TO THE ORDINANCE.

The regulations and the number, or boundaries of districts established by this ordinance, may be amended, supplemented, changed, modified, or repealed by the Athens City Council; but, in accordance with the Tennessee enabling legislation, no amendment shall become effective unless

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