(A) Variances to the strict application of the standards and specifications adopted pursuant to § 151.140 as part of a subdivision application may be authorized by the Town Council after recommendation from the Planning Commission as part of the subdivision review and application process. Other requests for variances related to other land use applications, ordinances, or standards shall be submitted directly to the Town Council in writing after paying all appropriate fees. Such variances will be granted only upon a finding that the following conditions are satisfied:
(1) Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
(2) There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
(3) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
(4) The variance will not substantially affect the general plan and will not be contrary to the public interest; and
(5) The spirit of the land use ordinance is observed and substantial justice done.
(B) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the alleged hardship must be:
(1) Located on, or associated with, the property for which the variance is sought;
(2) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and
(3) Is not self-imposed or economic.
(C) In determining whether or not there are special circumstances attached to the property, the alleged special circumstances must:
(1) Relate to the hardship complained of; and
(2) Deprive the property of privileges granted to other properties in the same zone.
(D) Any variance so authorized shall be stated on the final plat and shall run with the land.
(E) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met, and the Town Council shall not authorize a use variance.
(F) In granting a variance, the Town Council may impose additional requirements on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.
(Ord. 02-01-2021 SD, passed - -2021)