(A) Purpose. The purpose of a variance procedure is to provide a means whereby the literal terms of this Code need not be applied where there are practical difficulties or unnecessary hardships so that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done.
(B) Application.
(1) An application for a variance shall be filed with the Community Development Department, on forms provided.
(2) An application for a variance shall only be initiated by a property owner, an agent authorized by the owner or a person having a written contractual interest in the affected property. Proof of ownership of the subject property or a notarized "authorized agent" form shall be required.
(3) A complete town application form may require: a site plan, depicting the special circumstance or location of the deviation from district standards, a detailed description of the request or the specific grounds for an appeal of a Community Development Department decision.
(4) A 300 foot radius map of the subject property and surrounding properties within 300 feet of the subject property boundaries shall be required.
(5) The application shall contain an accurate, verified list, made within the previous 30 days, giving the names and addresses of all the owners of all properties lying within the area of the proposed change and of all properties any part of which is within 300 feet of the proposed change. The list shall be furnished at the applicant's expense and may be rejected by the Commission for incomplete or inaccurate information. Pre-addressed stamped envelopes to such property owners shall be required. Note: stamped envelopes may be waived, if pre-addressed mailing labels are submitted.
(6) Four sets of the site plan (8.5" x 11" or 11" x 17") drawn to scale and accuracy, commensurate with it's purpose, shall be required. As a site plan is specific to a particular situation, the applicant shall confer with the Community Development Department to determine the information required. (i.e. locations of structures and buildings, building floor plans, elevations, parking areas and accesses, trees and vegetation, signage, drainages, etc.)
(7) The application shall be accompanied by payment of the appropriate fee on the schedule of such charges as adopted by the Council. When a variance request is for a deviation from district standards, none of such fees shall be refundable. When appeals are made of a Community Development Department decision(s), the Board of Adjustments shall have the discretion to refund all, a portion, or none of the application filing fee.
(C) Staff review. An application for a variance authorized under the provisions of this section shall be submitted to the Community Development Director and shall be reviewed by the Board of Adjustments within 30 calendar days of receipt of the complete application. The Director shall submit the application and a written report to the Board of Adjustments with a recommendation on whether the variance should or should not be granted or modified.
(D) Board of Adjustments decision. The Board of Adjustments shall hold a public hearing within the 30 day period referred to in division (C) above. At the conclusion of the public hearing the Board shall have reviewed the standards as set forth below, the testimony at the hearing and the record. The Board of Adjustments may grant a variance according to specified conditions or deny the variance.
(E) Standards for granting a variance. A variance shall be granted only under the following:
(1) Due to special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district.
(2) That a grant of a variance will be subject to conditions as will ensure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.
(3) The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property.
(4) The variance will not allow the establishment of a use which: is not otherwise permitted in the zoning district; would result in the extension of a non-conforming use; would change the zoning classification of any or all of the property.
(Ord. 466, passed 2-22-96)