The provisions and requirements of this chapter
are considered necessary for the protection of the public health,
safety and welfare of the Town. Accordingly, it shall be the policy
of the Town Council that variances to the provisions and requirements
of this chapter shall not be granted except in very extreme cases.
The Town Council is authorized to grant variances in order to prevent
extreme difficulty or extreme hardships and if the Town Council deems
a variance absolutely necessary to the public interest. The Town Council
shall not grant a variance if the extreme difficulty or hardship was
self-inflicted by the applicant and the Town Council shall not grant
variances for other than extreme cases.
Applications for any variance shall be submitted
in writing by the applicant at the time when the preliminary plat
or the petition for annexation is filed for the consideration of the
Town Council. The application shall be accompanied by the required
filing fee and shall include material setting forth the following
information:
A.
The name and address of the applicant;
B.
A legal description or other information necessary
to identify the site;
C.
A site plan showing all existing and proposed structures
or improvements on the site, and showing all natural conditions relevant
to the application;
D.
A statement of the precise nature of the variance
request, the provisions or requirements of this chapter involved,
the facts and circumstances showing that an extreme case exists, and
describing the not-self-inflicted extreme difficulty or hardship that
would result from the full and complete enforcement of the stated
provisions or requirements of this chapter.
The Town Council shall consider the application at a regularly scheduled meeting of the Town Council within 60 days after the application for variance is filed with the Town Clerk-Treasurer. The Town Council may deny the variance, grant the variance subject to conditions or modifications, or grant the variance. If, and only if, the Town Council determines that an extreme case exists, the Town Council shall then consider the variance standards set forth in § 400-121.
The following shall apply to all variance applications:
A.
The granting of the variance will not be detrimental
to the public health, safety or welfare, or be injurious to other
properties in the vicinity;
B.
The granting of the variance will not constitute a
grant of special privilege inconsistent with the limitations on the
use of other properties in the district;
C.
The extreme hardship or extreme difficulty which is
the basis for the variance application was not self-inflicted by the
applicant; and
D.
That the variance is beneficial to the Town.
A variance granted subject to conditions or
modifications may be revoked by the Town Council for failure by the
applicant to comply with any condition or modification made thereto
by the Town Council.
