What must be proven during a hearing before the board of adjustments?

In the context of a hearing before the board of adjustments, the necessity of a variance stands out as a critical requirement. When an applicant seeks a variance, they must effectively demonstrate that they face specific hardships or unique circumstances that justify deviating from the standard zoning regulations. This is the core purpose of the board of adjustments: to assess whether exceptions to zoning laws are warranted due to particular challenges that the property owner may face, such as unique topographical features or the configuration of the property.

While compliance with state law and evidence of violation are important in various contexts of code enforcement, they are not the singular focus of the hearings related to variances. The burden of proof lies primarily with the applicant to articulate the necessity of the variance, showing that ordinary application of zoning laws would create undue hardship, which must be well-supported through sufficient evidence and reasoning during the hearing. This requirement ensures that variances are granted judiciously and only when justified, maintaining the overall intent of zoning regulations while accommodating specific needs.