The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his lot as the Zoning Ordinance intended.
(A) Application. After written denial of a building permit from the governing body, a property owner may make application to the governing body for a variance, using forms obtainable.
(B) Public hearing. Upon receipt of an application and fee, the governing body shall hold a public hearing having first given 15 days notice. Such notice of the time and place of such hearing shall be published in a designated legal publication. The governing body shall consider and decide all applications for variances within 30 days of such public hearing and in accordance with the standards provided below.
(C) Standards for variances. In granting a variance, the governing body shall ascertain that the following criteria are met.
(1) Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) as verified by the finding of the governing body, do not apply generally in the district.
(2) Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
(3) For reasons fully set forth in the findings of the governing body, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicants of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
(4) Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
(5) The granting of any variance is in harmony with general purposes and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.
(6) A fee, as per the current fee schedule, due and payable at the time of application, shall be paid to the Town Clerk as agent for the governing body, to cover the costs of notices and other expenses incidental to the hearing.
(D) Requirement for the granting of a variance. Before the governing body shall have the authority to grant a variance, the persons claiming the variance have the burden of showing:
(1) That the granting of the permit will not be contrary to the public interest;
(2) That the literal enforcement of this chapter will result in unnecessary hardship;
(3) That by granting the permit contrary to the provisions of this chapter the spirit of this chapter will be observed; and
(4) That by granting the permit, substantial justice will be done.
(Ord. 10.6, passed 3-17-2009)