Chapter 148 SUBDIVISION AND LAND DEVELOPMENT. (updated 7-28-08)

Section 148-50 VARIANCES.

A.  The Planning Commission may recommend and the Town Council may approve a variance from the provisions of this chapter in specific cases where it is determined that such variance will not be contrary to the public interest and where, due to special conditions unique to the subdivision or development in question, a literal enforcement of the provisions will result in unnecessary hardship.

B.  Before any variance may be granted, the applicant must demonstrate that:

1.  Because of the particular physical surroundings, shape or topography conditions of the specific property or the use or development of the property adjacent thereto, a clearly demonstrable hardship to the applicant approaching confiscation would result if the strict letter of the chapter is enforced, as distinguished from a mere inconvenience or added financial burden;

2.  The conditions upon which the variance is sought are unique to the property and are not shared generally by other properties in the same zoning district and vicinity;

3.  The alleged hardship is caused by the operation of this chapter and has not been created by any persons presently having an interest in the property;

4.  The granting of the variance will not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood in which the property is located; and

      5.  The character of the vicinity will not be changed by the granting of the variance.

C.  No variance shall be authorized unless the town determines that the condition or situation of the property concerned is not of a recurring nature, so as to make reasonably practicable the formulation of a general ordinance to be adopted as an amendment to this chapter.

D.  Any variance thus considered shall be set out, in writing, in the report of the Planning Commission to the Town Council, stating with particularity the basis on which the variance is justified.  All such variances shall be subject to the final approval of the Town Council.

E.  The Planning Commission or Town Council may impose such conditions or restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards and intent of this chapter and to protect the public interest.