[Added 5-2-2016 ATM,
Art. 32]
A. The Zoning Board of Appeals may authorize a variance for a particular
use of a parcel of land or to an existing building thereon from the
terms of this bylaw where, owing to circumstances relating to the
soil conditions, shape, or topography of such land or structures and
especially affecting such parcel or such building but not affecting
generally the district in which it is located, a literal enforcement
of the provisions of this bylaw would involve substantial hardship,
financial or otherwise, to the applicant, and where desirable relief
may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of this bylaw. The Board may impose conditions, safeguards
and limitations both of time and of use, including the continued existence
of any particular structures, but excluding any condition, safeguards
or limitations based upon the continued ownership of the land or structures
to which the variance pertains by the applicant, petitioner or any
owner. If the rights authorized by a variance are not exercised within
one year of the date of the grant of such variance, they shall lapse,
and may be reestablished only after notice and a new hearing pursuant
to this section.
B. Before any variance is granted, the Board must find all of the following
conditions to be present:
(1)
Conditions and circumstances are unique to the applicant's lot,
structure or building and do not apply to the neighboring lands, structures
or buildings in the same district.
(2)
Strict application of the provisions of this bylaw would deprive
the applicant of reasonable use of the lot, structure or building
in a manner equivalent to the use permitted to be made by other owners
of their neighborhood lands, structures or buildings in the same district.
(3)
The unique conditions and circumstances are not the result of
actions of the applicant taken subsequent to the adoption of this
bylaw.
(4)
Relief, if approved, will not cause substantial detriment to
the public good or impair the purposes and intent of this bylaw.
(5)
Relief, if approved, will not constitute a grant of special
privilege inconsistent with the limitations upon other properties
in the district.