(A) Requirements. Any person may petition the town for a variance granting permission to use the person’s land in a manner otherwise prohibited by this chapter. To qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this chapter.
(2) The hardships result from conditions that are peculiar to the property, such as the location, size or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose and intent of this chapter; will secure public safety and welfare; and will preserve substantial justice.
(B) Conditions and safeguards. The town may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
(C) Statutory exceptions. Notwithstanding division (A) of this section, exceptions from the 30-foot landward location of built-upon area requirement, as well as the deed restrictions and protective covenants requirements, shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing, as long as it is located, designed, constructed and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a storm water management facility; a storm water management pond; or a utility, including but not limited to, water, sewer or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters, and as long as it is located, designed, constructed and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner that would avoid or result in less adverse impact to surface waters.
(Ord. 14-O-312, passed 7-14-2014)