Zoning and planning shall hold a public hearing on all qualified applications submitted by the owner of private or public real property for variances and appeals. The following special conditions are required:
A. Petitions: Petitions for variances to this title shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property affected. The petition must be in the office of the town engineer at least fifteen (15) working days prior to the meeting of zoning and planning.
B. Notice To Adjacent Property Owners: Upon receipt of petitions for variances to this title, the applicant shall mail a written notice of the hearing, either by certified or registered mail, at least thirty (30) days prior to the hearing date to all owners of private property within three hundred feet (300') of the radius of the real property in question. Failure to notify every property owner due to clerical oversight or failure of mail delivery shall not affect the validity of the hearing or determination of zoning and planning. U.S. postal service proof of delivery receipts shall be turned in to the town clerk no later than one day prior to the date set for the public hearing, as verification that the above subsection and paragraph have been complied with.
C. Public Entity As Petitioner: In the event that a public entity is the owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the subject property, it may directly petition zoning and planning for such variance. However, the owners of adjacent property shall be notified as provided in subsection B of this section.
D. Notice Erected On Property: Upon receipt of petitions for variances to this title, zoning and planning shall cause a sign to be posted on the property affected at least seven (7) days before the hearing; such sign to be readable from public roadways and containing the following information:
1. Case number and zone affected.
2. Nature of variance requested.
3. Date and place of public hearing.
4. The location of a public office where additional information can be obtained.
E. Variance Fee: Upon submission of an application for a variance, a fee of fifty dollars ($50.00), as established by town council, shall be paid by the applicant to the town.
F. Variance Criteria: Variances may be granted by the town in order to vary from the strict application of any of the requirements of this title in the case of a physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of an ordinance may be granted unless:
1. There are special circumstances or conditions, fully described in the town's findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of this title;
2. The circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and
3. The granting of the adjustment is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
The zoning and planning commission is required to determine findings of fact and conclusions of law. No variances to the ordinance shall be recommended by the commission unless it finds that:
1. There are exceptional or extraordinary circumstances and conditions, which are peculiar to the land or building, and which do not generally apply to land or buildings in the neighborhood, and literal application of this title to the applicant's property will result in unnecessary hardship.
2. The hardship is due to unique circumstances and that the difficulties facing the applicant are different from those of neighboring properties.
3. The variance will not authorize a use other than those uses specifically listed as permitted or conditional uses in the zoning district in which the variance is sought.
4. The variance will not result in a gain in use, service, or income for the applicant to a greater extent than available to other landowners in the vicinity.
5. Granting the variance will not merely serve as a convenience for the applicant but is necessary to alleviate a proven hardship related to the property.
G. Action Time Line: Unless otherwise stated in the minutes of zoning and planning, all variances shall be valid for and must be acted upon within six (6) months.
H. Appeals: Appeals from decisions of zoning and planning shall be made to the town council. (Ord. 2012-1, 4-17-2012)