(A) Findings of fact.
(1) Variances of use. The Board of Zoning Appeals may approve a variance of use from the terms of this chapter only upon the determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The approval does not interfere substantially with the Comprehensive Plan for the town.
(2) Variance of development standards. The Board of Zoning Appeals may approve a variance of the development standards (such as height, bulk, or area) of this chapter only upon the determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(c) The strict application of the terms of this chapter will result in practical difficulties in the use of the property.
(B) Conditions on variances.
(1) The Board may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter upon any lot benefitted by a variance as may be necessary or appropriate. Such conditions shall be expressly set forth in the ordinance or order granting the variance. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the variance.
(C) Effect of grant of variance. The grant of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter or other ordinances of the town.
(D) Failure to comply. Where an owner has failed to comply with any terms of this chapter or condition and/or commitment permitted or required by approval of the variance, such failure shall be deemed a violation of this chapter and the Board may authorize such action, including the revocation of the variance, as it deems appropriate.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999