(A) Exceptions. Modification of the standards and requirements of this chapter may be recommended by the Planning Board in the case of a plan or program for a complete group development, in accordance with division (B) herein, which, in the judgement of the Board, provides adequate light, air, and service needs of the tract when fully developed and populated and which also provides the covenants or other legal provisions as will assure conformity to and achievement of the plan.
(B) Variances. When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Planning Board may recommend and the Town Board shall vary the requirement of this chapter upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the requirement. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) (a) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.
(b) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.
(c) In considering a variance, the Town Board shall follow the quasi-judicial procedures outlined in Section § 154.279.
(Prior Code, § 9-3018) (Ord. passed 6-11-1974; Ord. passed 6-29-2021)