When a property owner can show that a strict application of the terms of these regulations relating to construction or alteration of buildings or structures will impose upon him practical difficulties or particular hardship, the board may grant variances from the regulations if the variance will not be materially detrimental to the public welfare or injurious to the property or improvement in the district in which the property is located. Variances may be granted in the following instance only:

(1)

Variances granted. Where, by reason of exceptional narrowness, shallowness, depth, or shape of a specific piece of property of record on the date of the passage of these regulations; or where, by reason of exceptional topographic or physiographic conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provisions of these regulations would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of such property so as to constitute virtual confiscation of such property as distinguished from mere inconvenience to such owner, provided such relief can be granted without a substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by restrictions and provisions contained in these regulations.

(2)

Carport variances in an R-2 zone. A variance may be granted to build a carport to within eight feet of a front property line in an R-2 residential zone. Said variance may be granted for a carport only. Under no circumstances shall the carport be enclosed or used for any purpose other than that of a carport in which to park vehicles. In addition, said variance may be granted only if the general purpose and intent of the comprehensive land use plan, as established by restrictions and provisions contained in this chapter, are not significantly impaired.

(Ord. No. 99-4, § 19.1, 3-22-1999)

When applying for a variance or conditional use permit, the owner/applicant must provide notice to adjacent property owners and owners of property located across any streets from the subject property. Notification is to be carried out by certified mail as least ten days prior to the public hearing. Applicants must show proof of certified mail, receipt or refusal.

(Ord. No. 99-4, § 19.2, 3-22-1999)