§ 706. Variance

A. Purpose. A Variance is intended to relieve a property owner from undue hardship resulting from the literal enforcement of the provisions of this Ordinance.

B. Submittal Requirements. An application for a Variance in addition to any information that the Zoning Board of Review may request, shall include the following:

1. All applications for Variances shall be accompanied at the time of filing by a plot plan drawn to scale showing the location of all lot and street lines, existing and proposed structures, wetlands, easements, utilities, wells, and sewage disposal systems of property which is the subject of the application. All applications shall also be accompanied by a plat map showing lot and street lines and approximate locations of structures or premises adjacent to the property which is the subject of the application, and other information as may be required by the Board.

2. The names and addresses of all property owners within two hundred (200) feet of all boundaries of the subject property and all others requiring notice under Section 702(B), Notice Requirements.

3. The specific provision of the Ordinance from which a Variance is being sought. This includes a reference to the specific section(s) of the Ordinance, as well as a description of the Variance(s) needed.

4. The justification for the Variance in light of the standards set forth in this Section.

5. A statement as to how the granting of the requested Variance will be consistent with the intent and purposes of this Ordinance and with the Comprehensive Plan.

C. Procedures. Review of an application for a Variance shall be conducted by the Zoning Board of Review in accordance with the following:

1. Application. An application for Variance shall be submitted to the Zoning Board of Review on forms provided by the Board, together with all submittal requirements set forth in this Section, and the appropriate application fee. The Zoning Board of Review shall review applications so submitted at its next regularly scheduled meeting following submission. Applications must be received prior to the closing of the agenda to be scheduled for said meeting. Upon review of the application materials, the Board shall either accept the application as complete or return an incomplete application to the applicant with an explanation of the submission requirements not met. No application may be determined to be complete until the minimal submission requirements described in Subsection B, Submittal Requirements, above shall have been submitted and until the appropriate filing fee has been paid.

2. Referral. Immediately upon acceptance of a complete application for a Variance, the Zoning Board of Review shall forward a copy to the Planning Board and Planning Staff. The Planning Board and Planning Staff may, or, at the request of the Zoning Board of Review, shall, report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan. Any such findings and recommendations shall be submitted in writing to the Zoning Board of Review within thirty (30) days of receipt of the application from the Zoning Board of Review.

3. Public Hearing Required. Prior to disposition of an application for a Variance by the Zoning Board of Review a duly noticed public hearing shall be held at which opportunity shall be given to all interested persons to be heard on the proposed Variance. Notification of the public hearing shall be as required in Section 702(B), Notice Requirements.

4. Review and Disposition. The Zoning Board of Review shall act upon all applications for a Variance in accordance with the following:

a. Within thirty-five (35) days of acceptance of a complete application for Variance, the Zoning Board of Review shall schedule a public hearing on the application and within fifty-five (55) days thereof, it shall hold the public hearing and shall receive all information presented by the applicant or agent or any property owner or agent pertinent to the proposed Variance and render a decision.

b. The public hearing may be held open for up to two (2) months from the date of its commencement at the request of either the Board or the applicant in order for additional information to be presented.

c. The Zoning Board, within forty-five (45) days of the close of the public hearing, shall deliberate at a meeting open to the public as to whether the proposed Variance meets the standards set forth in this Section and shall either approve, conditionally approve, or deny the proposed Variance.

D. Standards. A Variance shall be granted only if evidence of the following standards are entered into the record of the proceedings:

1. The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;

2. The hardship sought to be avoided is not the result of any prior action by the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;

3. The granting of the requested Variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based; and

4. That the Variance granted is the least relief necessary to remove the hardship to the applicant.

E. Additional Standards. In addition to the above standards, the Zoning Board of Review shall require that evidence be entered into the record of the proceedings showing that:

1. In granting a Use Variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the Zoning Ordinance. Non-conforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a Use Variance; and

2. In granting a Dimensional Variance, the applicant for relief must show, by evidence upon the record, that the hardship that will be suffered by the owner of the subject property, if the dimensional variance is not granted, amounts to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. (Amended January 21, 2004)

F. Variances for Historical Restorations. If allowed by law, Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or in the State Inventory of Historic Places without regard to the procedures set forth in this Section.

G. Expiration of Variance. A Variance shall expire after a maximum of twelve (12) months from the date of approval unless a Building Permit has been issued and construction has begun and is being diligently pursued to completion.