The Town Commission shall:

(A)

Appeals. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(B)

Special exceptions. Hear and decide special exceptions, decide such questions as are involved in determining if and when special exceptions should be granted and grant special exceptions with appropriate conditions and safeguards or deny special exceptions when not in harmony with the purpose and intent of this chapter. In granting any special exception, the Town Commission shall find that such grant will not adversely affect the public interest. In granting any special exception, the Town Commission in addition to the standards enumerated in Section 151.568 of this chapter 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 special exception is granted, shall render the grant of special exception or variance null and void.

(C)

Variances. Authorize on appeal such variance from the terms of the 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 Commission must and shall find:

(1)

That special conditions and circumstances exist which are peculiar to the land or building involved and which are not applicable to other lands or buildings in the same zoning District.

(2)

That the special conditions and circumstances do not result from the actions of the applicant or his or her predecessor in interest.

(3)

That granting the variances requested will not confer on the applicant any special privilege that is denied by this chapter to other lands or structures in this same zoning District.

(4)

That 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 hardships on the applicant.

(5)

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

(6)

That 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.

(7)

In granting any variance, the Town Commission 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. Under no circumstances shall the Town Commission 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 or structures or both in the same zoning District and no permitted use of lands or structures or both in other zoning Districts shall be considered grounds for the authorization of a variance.

('81 Code, § 10.10) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 212, passed 2-25-03)