The Zoning Board of Adjustment (ZBA) may grant variances authorizing a departure from the requirements of the land development regulations. In granting a variance, the ZBA may establish appropriate conditions or other such safeguards as it deems necessary to protect the public health, safety and general welfare. The ZBA is not empowered to authorize a variance to allow a use which is not permitted as a use-by-right or as a special exception, nor to allow an increase in residential density or non-residential development intensity beyond that which is permitted. Financial or economic hardships alone shall not be a basis for the granting of a variance.
The standards for the evaluation of legal hardship are:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building which is the subject of the variance application and which are not applicable to other lands, structures or buildings in the same zoning district.
2.That the special conditions and circumstances do not result from the actions of the applicant.
3.That literal interpretation of the provisions of these land development regulations would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district, under the terms of these regulations, and would work unnecessary and undue hardships on the applicant.
4. That the variance granted is the minimum variance that will make possible the use of the land, building or structure
5. That the grant of the variance is not contrary to the town's comprehensive plan
6. That the grant of the variance will be in harmony with the general intent and purpose of these land development regulations
7. That the grant of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. You may download and print the application for a variance in the resources page. It is advisable that you speak with a planner to go over the submission of the variance application.
Please contact the Planning and Zoning Counter at 741-2323 to connect you with the Planning Tech on call service. Varience Application.