Reasons to apply for commercial zoning exception or variance

[Spencer Speckles]

I have a property in the central business district (C-1). I’ve been trying to lease the building for several years and have not been successful. Here’s my problem: the available space is at street level and the permitted uses are limited to restaurant or retail, but the size of the space is larger than what a restaurant/retail space would need in this community. I am negotiating with a group who wants to lease the building as a medical clinic, which not permitted at street level but is permitted on an upper level.

I need to file for an Exception. I remember, several years ago, reading in the code book that one reason an exception may be granted is if zoning restrictions result in an excessive hardship on one’s ability to use the building. 

There is a specific legal term to describe these circumstances, but I don’t recall what it is. Can someone provide me with the word/phrase that I can use in the hearing?

[Henry Clark]

Forget the term.  Spend 30 minutes and file.