A. Intent Of Variance Provision: Variance from the terms of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property privileges enjoyed by other property in the vicinity, and under identical zoning classification and other restrictions.
B. Authority Of Board Of Adjustment: The board of adjustment shall have the authority to grant variances from the strict application of the rules, regulations, and provisions of this chapter as follows:
1. Jurisdiction: Before the board of adjustment shall have jurisdiction to grant a variance, the applicant must show that due to the peculiar shape, size, location or topography of the property, there are unusual conditions involved which would make the literal enforcement of the regulations of this chapter result in the practical difficulties which are unnecessary for the purpose of this chapter and which would deprive the subject property of privileges enjoyed by other properties in the vicinity in the same zoning district classification and under the same sign ordinance restriction.
2. Limitations: Any variances which if granted, shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the provisions herein, and with the limitations on other properties in the vicinity in the same zoning district and under the same ordinance restrictions in which the subject property is located.
3. Minimum Adjustment: In granting the variance under the provisions of this section, the amount of adjustment granted shall be the minimum necessary to equalize the property rights. Conditions and safeguards shall be prescribed in this chapter therewith as are necessary to protect the purpose and intent of this chapter, the master plan of the town, and the general welfare of the community.
4. Public Welfare: The granting of any variance shall not be materially detrimental to the public welfare or injurious to the property improvements in the vicinity. The board of adjustment shall ensure that the granting of a variance will be compatible with the purpose and intent of this chapter, and the master plan of the town, and will not be injurious to the public health, safety and general welfare. (Ord. 440, Series of 2010)