The town council shall have the duty and power to:

(1)

Authorize upon the filing of an application with such information and documentation as may be required by the town administrator such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the town council must and shall find that:

a.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

b.

The special conditions and circumstances do not result from the actions of the applicant or owner or prior owner.

c.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district.

d.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant.

e.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

f.

The grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

The town council may grant, deny or grant with conditions any application for variance. In granting any variance, the town council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The town council may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. Under no circumstances, except as permitted in this subsection, shall the town council grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or building in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

The applicable town staff shall review the application and forward recommendations or comments to the mayor and town administrator within 15 working days after the application is determined sufficient. The staff report shall contain recommended findings of fact and conclusions of law, and a recommendation of approval, approval with conditions, or denial with or without prejudice based on the standards in this chapter, the comprehensive plan, or other portions of the town codes.

The town staff may recommend, and the town council may impose, such condition in a variance as are necessary to accomplish the goals, objectives and policies of the plan and this Code, including limitations on size, bulk, location, requirements for landscaping, buffering, lighting, and provisions of adequate ingress and egress. Any violation of the variance or a condition shall be a violation of this Code.

(Ord. No. 396, § 2(Exh. A), 8-26-10)