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A. Definitions 1 :
SPECIAL EXCEPTION: A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such use may be permitted if specific provision for such special exception is made in the zoning code.
VARIANCE: A relaxation of the terms of the code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning code would result in unnecessary and undue hardship. As used in this zoning code, a "variance" is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. (Ord. 1997-3-1, 3-10-1997)
B. Application For Special Exception And Variance; Hearing: Applications for special exceptions and variances shall be filed with the town clerk, and public hearings shall be held in accordance with subsection 12-2-8E of this chapter and section 12-3-4 of this zoning code. (Ord. 1997-3-1, 3-10-1997; amd. 2006 Code)
1. See also section 12-1-5 of this zoning code, definitions of "special exception" and "variance".