(A)   Reasons for seeking variance. In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.

   (B)   Development standards excepted. Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Chapter 11 of this title, governing physical development on a site.

   (C)   Use regulations not affected. The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by Chapter 16, “Conditional Use Permits”, and by § 12-3-7, “Amendment”, of this title.

(Ord. 8(1973) § 19.100; Ord. 29(2005) § 39)

   Application for a variance shall be made upon a form provided by the Administrator. The application shall be supported by documents, maps, plans and other material containing the following information:

   (A)   Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;

   (B)   Legal description, street address and other identifying data concerning the site;

   (C)   A statement of the precise nature of the variance requested, the regulation involved and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title that would result from strict or literal interpretation and enforcement of the specified regulation;

   (D)   A site plan showing all existing and proposed features on the site, and on adjoining sites if necessary, pertinent to the variance requested, including site boundaries, required setbacks, building locations and heights, topography and physical features, and similar data;

   (E)   Such additional material as the Administrator may prescribe or the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a variance as prescribed in § 12-17-6 of this chapter;

   (F)   A list of the owner or owners of record of the properties adjacent to the subject property which is subject of the hearing; provided, however, notification of owners within a condominium project shall be satisfied by notifying the managing agent, or the registered agent of the condominium project, or any member of the board of directors of a condominium association. The list of owners, managing agent, registered agent or members of the board of directors, as appropriate, shall include the names of the individuals, their mailing addresses and the general description of the property owned or managed by each. Accompanying the list shall be stamped, addressed envelopes to each individual or agent to be notified to be used for the mailing of the notice of hearing. It will be the applicant’s responsibility to provide this information and stamped, addressed envelopes. Notice to the adjacent property owners shall be mailed first class, postage prepaid; and

   (G)   If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners, or applicable owners’ association shall be required. This can be either in the form of a letter of approval or signature on the application.

(Ord. 8(1973) § 19.200; Ord. 30(1978) § 2; Ord. 50(1978) § 15; Ord. 49(1991) § 2; Ord. 24(2000) § 2; Ord. 29(2005) § 39; Ord. 27(2016) § 7)

   The Town Council shall set a variance fee schedule sufficient to cover the cost of town staff time and other expenses incidental to the review of the application. The fee shall be paid at the time of application, and shall not be refundable.

(Ord. 8(1973) § 19.300; Ord. 29(2005) § 39)

   Upon receipt of a variance application, the Planning and Environmental Commission shall set a date for hearing in accordance with § 12-3-6(B) of this title. Notice shall be given, and the hearing shall be conducted in accordance with § 12-3-6(C) and (D) of this title.

(Ord. 8(1973) § 19.400; Ord. 29(2005) § 39)

   Within 20 days of the closing of a public hearing on a variance application, the Planning and Environmental Commission shall act on the application. The Commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the Commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the Commission may prescribe.

(Ord. 8(1973) § 19.500; Ord. 29(2005) § 39)

   (A)   Factors enumerated. Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance:

      (1)   The relationship of the requested variance to other existing or potential uses and structures in the vicinity;

      (2)   The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege;

      (3)   The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and

      (4)   Such other factors and criteria as the Commission deems applicable to the proposed variance.

   (B)   Necessary findings. The Planning and Environmental Commission shall make the following findings before granting a variance:

      (1)   That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district;

      (2)   That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

      (3)   That the variance is warranted for one or more of the following reasons:

         (a)   The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title;

         (b)   There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district; and

         (c)   The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district.

(Ord. 8(1973) § 19.600; Ord. 29(2005) § 39)

   Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two years from when the approval becomes final.

(Ord. 16(1978) § 5(c); Ord. 48(1991) § 2)

   In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits and requirements of this and other applicable chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail.

(Ord. 8(1973) § 19.900)