A. General Criteria:
1. Minor Variances: Minor variances from the construction requirements or design standards of these regulations may be granted when the governing body determines the following conditions are met:
a. Due to unusual circumstances, a strict enforcement of such requirements and standards would result in undue hardship;
b. No reasonable alternatives exist which do meet the standards herein; and
c. Granting of the variance will not have adverse impacts on a lake or lakeshore in terms of section 13-2-6, "Policy Criteria For Issuance Of A Permit", of this title.
d. Alternatively to subsections A1a and A1b of this section, the granting of a variance would result in a general and universal public benefit.
2. Major Variances: A variance request shall be considered major when any of the following criteria are met:
a. The variance request does not meet the requirements of subsection A1 of this section;
b. The variance request deviates substantially from the construction requirements or design standards of these regulations; and
c. The variance request creates a major environmental impact.
B. Review Procedures:
1. Minor Variances:
a. The lakeshore protection committee, if it so determines, shall recommend to the governing body that a minor variance(s) from these regulations should be granted as part of an application's approval.
b. The governing body shall consider the lakeshore protection committee's recommendation and act upon the application. It may grant, modify or deny the variance request.
2. Major Variances:
a. When the lakeshore protection committee determines that a major variance is required, it shall notify the governing body and applicant of said decision.
b. The determination that a major variance is required shall cause to be prepared, by and at the expense of the applicant, an environmental impact statement. The environmental impact statement shall contain:
(1) Description of the proposed project;
(2) Description of, and the reason for, the major variance being considered;
(3) Description of existing conditions;
(4) Description of anticipated impacts as they relate to each of the policy criteria in section 13-2-6 of this title;
(5) Alternatives to the proposed project, which would not require a major variance; and
(6) Any other information that may be required.
c. Nine (9) copies of the environmental impact statement shall be submitted to the administrator.
d. The lakeshore protection committee shall review the application for major variance and make a recommendation to the planning board.
e. The planning board shall review the information and make a recommendation to the governing body.
f. The governing body, upon receipt of all materials and recommendations, shall hold a public hearing on the proposed action. Notice of the time and place of the public hearing shall be published at least once in a newspaper of general circulation not less than fifteen (15) nor more than thirty (30) days prior to the date of the hearing.
g. Following the public hearing, the governing body shall act upon the application and may grant, modify or deny the variance request. (Ord. 15-09, 6-1-2015)