The board of adjustment may issue variances, relieving the rigid application of the performance standards of this chapter. Variances shall not be issued allowing new or additional uses within a zoning district.*

(Ord. No. 621, Enacted, 3/7/83)

*
For example, a variance could allow seventy percent lot coverage for a dwelling in the residential zone. It could not allow a service station in that zone. The landowner wishing to place a service station in an area zoned residential would have to apply for a zone change, not a variance.

The procedure of applying for a variance and the manner of dealing with it by the board of adjustment shall be the same as provided for conditional use building permit applications in Article 26-14 of this chapter, except that the application shall contain, in addition to the location map and plot plan, a clear statement citing the performance standard from which a variance is sought and the reasons for which it is sought.

(Ord. No. 621, Enacted, 3/7/83; Ord. No. 920, § 1, 6-12-2012

Approval of variances shall be given only after the board of adjustment makes the following findings:

(a)

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

(b)

That the variance is necessitated by conditions unique to the site or circumstances of the proposed use;

(c)

The variance will not impose a significant cost burden on the town;

(d)

Conditions have been imposed on the issuance of the variance to ensure that the variance does not grant a special privilege inconsistent with the limitations on other parcels in the zone;

(e)

The variance will not cause a significant hazard, annoyance, or inconvenience to the owners or occupants of nearby property; and

(f)

The variance will not reduce the value of nearby property;

(g)

The variance will not be in conflict with the master plan of Lovell.

(Ord. No. 621, Enacted, 3/7/83)