§ 50.150 VARIANCES.
   (A)   Any person may petition the town for a variance granting permission to use the person's land in a manner otherwise prohibited by this subchapter. To qualify for a variance, the petitioner must show all of the following:
      (1)   Unnecessary hardships would result from strict application of this subchapter.
      (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 subchapter; will secure public safety and welfare; and will preserve substantial justice.
   (B)   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, bridge, 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 stormwater management facility; a stormwater 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 which would avoid or result in less adverse impact to surface waters.
(Ord. 1538, passed 5-24-07)