The Town Board of Adjustment shall have the following powers:
(A) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto;
(B) To hear and decide special exceptions to the terms of this chapter upon which such Board is required to pass under the provisions of this chapter; and
(C) To authorize upon appeal such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that, the spirit of this chapter shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
(1) The variance will not substantially adversely affect the town’s Master Plan or this chapter and that adherence to the strict letter of this chapter will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the Master Plan;
(2) Special circumstances are attached to the property covered by the application which do not generally apply to other property in the same district; and
(3) That because of said special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right that is possessed by other property in the same district.
(Ord. 03-09-2000, passed 3-3-2000)