(A) The Board may grant a variance from the development standards (such as height, bulk, area) of the zoning ordinance if, after a public hearing, it makes findings of facts in writing, that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of this chapter will result in a unnecessary hardship. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction on economic gain.
(B) The Board may grant a variance from the use restrictions of the Zoning Ordinance if, after public hearing, it makes findings of fact in writing, that:
(1) The variance will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be effected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval of the variance does not interfere substantially with the comprehensive plan adopted by the Town Council.
(C) The use variance granted by the Board shall run with the parcel until such time as the use of the variance ends, or the property conforms to the ordinance as written.
(D) The Board may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose provisions upon the grant of a use or development of that parcel or may impose provisions upon the grant of a use or development standards variance.
(E) Where an owner has failed to comply with any condition and/or commitment permitted or required by the grant of a variance, the Board may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of the town ordinances in the same manner as if the variance had not been granted.
(Ord. passed - - )