9-2-1-10: VARIANCES:
A. General: Where the town finds that extraordinary hardships will result from strict compliance with the provisions of this chapter, it may approve variances so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the basic intent and purpose of this chapter, and further provided the town shall not approve variances unless it makes findings based upon the evidence presented to it in each specific case that:
1. The granting of the variance will not be detrimental to the public safety, health, or welfare, or have a significant adverse effect on any adjacent property;
2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the regulations found in this chapter are carried out;
4. The granting of the variance will not in any manner conflict with the general goals, policies and provisions of the town's comprehensive plan or development code;
5. The unique circumstances associated with the property were not created by the applicant or anyone in privity to the applicant; and
6. The variance granted does not depart from the provisions of this chapter more than necessary to alleviate the hardship. (Ord. 23, Series 1992)