(A) Any plat or land division survey submitted with a deviation(s) from these regulations or deviation(s) from required improvements shall be accompanied by an application for variance from these regulations or associated design or improvement standards made on a form provided by the town for this purpose.
(B) Any person seeking variances to the requirements of these regulations shall file 2 copies of the application with the Town Clerk in concert with the sketch plan application.
(C) The application shall be a request for a variance to an ordinance provision in response to a circumstance actually delineated on the sketch plan. Requests shall include the specific reason for each and every variance requested.
(D) The application for variance shown on the sketch plan shall follow the appeal and variance process outlined in § 153.005 above.
(E) The Hearing Officer may recommend that the Planning Commission and Town Council authorize exceptions to any of the requirements in these regulations. In order to do so, it shall be necessary for the Hearing Officer to find the following facts with respect thereto:
(1) There are extraordinary circumstances or conditions affecting the property or the purpose of these regulations may he served to a greater extent by an alternative proposal;
(2) That the granting of the exception will not be detrimental to the public safety, health and welfare or injurious to other property in the area in which the subject property is situated;
(3) The conditions upon which the request for an exception is based are unique to the property for which the exception is sought and are not applicable generally to other property; and
(4) That it will not have the effect of nullifying the intent and purpose of the town’s general plan, transportation plan, Zoning Ordinance or these regulations.
(F) The Planning Commission shall forward a recommendation to the Town Council regarding approval, approval with conditions, or denial of the variance to any portion of these regulations.
(G) Upon receipt of the Planning Commission’s recommendation, the Town Council may approve or deny the variance. The Council may approve the preliminary subdivision plat and associated plans with the exceptions and conditions deemed necessary to substantially uphold the objectives of these regulations.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2017-03, passed 11-13-2017)