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A. Purpose/Limitations:

1. In order to prevent or to reduce such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this chapter, variances from the regulations may be granted. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance.

2. A variance may be granted with respect to any absolute policy contained in this chapter.

B. Application: The application for a variance shall be made upon a form provided by the Director, shall accompany an application for a project and shall contain the following information and materials:

1. A fee as set forth in the town development fee schedule.

2. A statement concerning the applicant's reasons for requesting the variance and how these relate to the criteria established in subsection D of this section.

3. All maps, drawings and materials as required by the Director to make a decision (3 sets).

C. Setting A Hearing: Upon receipt of a completed variance application, the Director shall set a date for review before the Planning Commission and utilize the Class A process and notice requirements for all Class A developments and the Class B process and notice requirements for all other classes of development.

D. Criteria For Approval: Before the commission can grant a variance application, the applicant must prove physical hardship and the commission must find all of the following:

1. There are special circumstances or conditions applying to the land, buildings, topography, vegetation or other matters on the subject lot which would substantially restrict the effectiveness of the development in question; provided, however, that such special circumstances or conditions are unique to the particular use of which the applicant desires a variance and do not apply generally to all uses.

2. That such special circumstances were not created by the applicant.

3. That the granting of the variance will be in general harmony with the purposes of this chapter, and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general.

4. The variance applied for does not depart from the provisions of this chapter any more than is required. (Ord. 19, Series 1988)