§ 3.14.01. Variances.  


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  • The town's board of adjustment, which is comprised of members of the town council, unless otherwise constituted by action of the town council, shall hear and decide all requests for a variance.

    (A)

    Consideration of a request for a variance shall be at duly noticed public hearing.

    (B)

    The applicant for any variance shall notify all owners of property adjacent to the property subject to the requested variance of the time, date and place of the public hearing. Such notice shall be in the form of a certified letter, return receipt requested, and shall be sent at least seven, but not more than 14 days prior to the hearing. The returned receipts shall be submitted to the town manager at least three days prior to the hearing.

    (C)

    The board of adjustment may grant a variance if it determines that such variance will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary and undue hardship. In order to authorize any variance, the board must find:

    1.

    Special conditions and/or circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

    2.

    The special conditions or circumstances do not result from actions of the applicant.

    3.

    The applicant has demonstrated a hardship that can be cured only by the variance. Such hardship must relate only to the land, structure, sign or building and not solely for the purpose of maximizing profit or income.

    4.

    Literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant.

    5.

    The variance will not authorize a violation of any statute.

    6.

    The grant of the variance is the minimum variance that will make possible the reasonable use of the land, building, sign or structure.

    7.

    The grant of the variance will be in harmony with the general intent and purpose of this Code, including the zoning regulations, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

    (D)

    In granting any variance, the board may prescribe a reasonable time limit within which the action required for the variance shall be begun or completed, or both. Under no circumstances, except as permitted in this section, shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district. No nonconforming use of 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 variance.

(LDC Ord. of 1-9-2014)