4.3.4.1 Variance Applications

Whenever any application or permit has been stayed or denied by the Planning Commission or Town Staff on the basis that approval of the requested permit or application would violate the provisions of this Code relating to set back, building height, side yard, lot size, site requirements, parking requirements, or some similar provision of this Code that has the effect of depriving the applicant of the reasonable use of his property, when others similarly situated are entitled to make such use of their property, the Board may hear the matter, and grant a variance from the strict enforcement of this Code. In all cases of variances before the Board, the applicant shall bear the burden of proof. In order to grant a variance the Board must find all of the following to be true of the application for a variance: 1. Literal enforcement of this Development Code would cause unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Code. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same district. 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district. 4. The variance will not substantially affect the general plan and will not be contrary to the public interest. 5. The spirit of this Development Code is observed and substantial justice done. 6. In determining whether or not enforcement of this Development Code would cause unreasonable hardship, the Board of Adjustment may not find an unreasonable hardship exists unless the alleged hardship in located on or associated with the property for which a variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. 7. The Board of Adjustment may not find an unreasonable hardship exists if the alleged hardship is self-imposed or economic. 8. The Board of Adjustment may not grant use variances In exercising the above-mentioned powers the Board may, in conformity with the provisions of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the official or board from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, or determination of any such administrative official or board, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.