Because of the impossibility of foreseeing and providing for all circumstances and conditions which may affect individual properties or uses, the variance provision is created, thus making it possible to adjust the provisions of this Chapter for special or unusual cases without defeating the general purposes and intent of the Chapter.

(Ord. 19-96 §10.01)

The Planning and Zoning Commission may authorize variances from the requirements of this Chapter where it can be shown that, owing to special and unusual circumstances related to a specific property or use, strict application of this Chapter would cause an undue or unnecessary hardship. No variance shall be created to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located, or based solely on issues related to cost or inconvenience to the applicant. In granting a variance, the Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity and otherwise achieve the purposes of this Chapter.

(Ord. 19-96 §10.02; Ord. 07-10 §35)

A variance may be granted, following an application on forms provided by the Town and payment of the fee established by resolution or ordinance of the Town Council, only in the event that all of the following circumstances exist:

(1)

Special or unusual circumstances apply to the property or use which do not apply generally to other properties or uses in the same zone or vicinity regarding the physical nature of the property.

(2)

The variance would not be materially detrimental to the public health, safety or welfare, to the purposes of this Chapter or to property in the same zone or vicinity in which the property is located, or otherwise conflict with the objectives of any Town plans or policies.

(3)

The variance requested is the minimum variance which would alleviate the hardship.

(Ord. 19-96 §10.03; Ord. 13-21 §7)

Prior to deciding an application for a variance, the Planning Commission shall hold at least public hearing, which shall be noticed in accordance with Division 7 of Article II, and conducted in accordance with Division 8 of Article II.

(Ord. 19-96 §10.04; Ord. 02-02; Ord. 07-10 §36; Ord. 04-20 §10)

Building permits for all or any portion of an application involving an approved variance shall be issued only on the basis of the plan for the variance approved by the Planning and Zoning Commission. Any proposed change in the approved plan shall be submitted to the Town as a new application for a variance.

(Ord. 19-96 §10.05; Ord. 07-10 §37)

A variance may be revoked or modified by the Planning and Zoning Commission after public hearing on any one (1) or more of the following grounds:

(1)

Approval of the variance was obtained by fraud or misrepresentation.

(2)

The use for which approval was granted has ceased to exist.

(3)

The use does not meet the conditions specifically established for it at the time of approval of the application.

(4)

The variance is in violation of any other applicable statute, ordinance or regulation.

(Ord. 19-96 §10.06; Ord. 07-10 §38)