City of Martinsburg, WV
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The Board of Zoning Appeals shall have the power to authorize, upon appeal, in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special condition, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. All variance applications must demonstrate the following points:
- Will not adversely affect the public health, safety, or welfare, or the rights of adjacent property owners or residents;
- Arises from special conditions or attributes which pertain to the property for which a variance is sought, and which were not created by the person seeking the variance;
- Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
- Will allow the intent of the Zoning Ordinance to be observed and substantial justice done.
All applications for a variance are subject to a public hearing and properties must be posted for no less than fifteen(15) days.