Planning and zoning commission may make a recommendation to the town council on a variance relieving the rigid application of the performance standards within a zone. Variances shall not be issued allowing new or additional uses within a zone.

(Ord. No. 843, 1-13-2020; Ord. No. 766, 6-8-2009; Ord. 517 Ch. 12 § 1, 1978)

A.

The applicant shall:

1.

Obtain a variance permit application from the town clerk,

2.

Complete said application, to include a location map, sketch of the plan, a clear statement citing the performance standard from which a variance is sought and the reasons for which it is sought,

3.

Obtain all required signatures from neighbors,

4.

Turn in the variance permit application and all supporting documents to the town clerk at least seven days prior to a regularly-scheduled planning and zoning meeting,

5.

Be prepared to attend the planning and zoning meeting to address concerns raised about said application, and

6.

Be prepared to attend the council meeting to address concerns raised about said application.

B.

The town clerk shall:

1.

Assist the applicant by ensuring that all relevant forms are provided and relevant dates are related,

2.

Submit all received applications and supporting documents to the planning and zoning chairman at least seven days prior to the regularly-scheduled planning and zoning meeting,

3.

Submit all planning and zoning recommendations to council at least three days prior to a regularly-scheduled council meeting, and

4.

Provide the applicant with a copy of the approved or denied variance permit.

C.

The planning and zoning board shall:

1.

Review said application and supporting materials at the next regularly-scheduled planning and zoning meeting,

2.

Make a recommendation to approve or deny the variance permit at the same meeting at which the application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required,

3.

Review said application at regularly-scheduled meetings until a recommendation to approve or deny the variance permit can be made, and

4.

Provide a written summary of the board's recommendation to the town clerk within seven days of the meeting.

D.

The council shall:

1.

Review the planning and zoning recommendation and the application and supporting materials at the next regularly-scheduled council meeting,

2.

Approve or deny the variance permit at the same meeting at which the planning and zoning recommendation and application is submitted, or table the application until the next regularly-scheduled meeting if additional information is required, and

3.

Review said application at regularly-scheduled meetings until the variance permit is either approved or denied.

(Ord. No. 843, 1-13-2020; Ord. No. 766, 6-8-2009; Ord. 517 Ch. 12 § 2, 1978)

Approval of variance permits shall be given only after planning and zoning and the council determine that:

A.

Without the variance the owner will be deprived of any significant beneficial use of his or her property; and

B.

The variance is necessitated by conditions unique to the site or circumstances of the proposed use.

(Ord. No. 843, 1-13-2020; Ord. No. 766, 6-8-2009; Ord. 517 Ch. 12 § 3, 1978)