§ 65.384. Prohibited Variances.


Latest version.
  • The Board of Zoning Adjustment may not approve a zoning variance to permit a use or intensity not generally allowable in the applicable zoning district, nor or any use or density expressly or by implication prohibited in the zoning district. Variances are also prohibited in connection with a use approved as a conditional use (unless the variance is expressly allowed under Part 2D, Chapter 65 of this Code, or the conditional use was approved as part of a master plan with modifications pursuant to section 65.334-1 of this Code) or within the area covered by a conditional use permit (unless the variance is expressly allowed under Part 2D, Chapter 65 of this Code, or the conditional use was approved as part of a master plan with modifications pursuant to section 65.334-1 of this Code). No nonconforming use of the neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a zoning variance.

(Ord. of 9-16-1991, Doc. #25102; Ord. No. 2015-37, § 6, 7-27-2015, Doc. #1507271201)