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The board of adjustment shall have the following powers and duties:
1) To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the town planner or other administrative officials in the carrying out or enforcement of any provision of the ordinance. The officer making the determination shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner. A simple majority of the members of the board shall be necessary to reverse, wholly or partly any such decision.
2) To authorize variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this ordinance. A variance from the terms of this ordinance shall not be granted by the board unless and until the following findings are made:
a) That an unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
b) That the hardship results from conditions that are peculiar to the property, such as location, size, and 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.
c) That 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 granting of a variance shall not be regarded as a self-created hardship.
d) That the requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured and substantial justice is achieved
3) A vote of four-fifths (4/5) shall be required to grant a variance from the terms of this ordinance.
(Ord. No. 2013-05, 10-1-13; Ord. No. 2020-10, 12-1-20)