§ 10.02.01. Generally.

(a)

Granted by development review board. The development review board may recommend granting a variance from the strict application of any provision of this Land Development Code, except provisions in articles II, land use, and IV, consistency/concurrency, if the procedures set forth in this division are followed and findings made.

(b)

Variances to be considered as part of development review.

(1)

Any person desiring to undertake a development activity not in conformance with this Land Development Code may apply in writing with 16 copies of all data for a variance in conjunction with the application for development review. A development activity that might otherwise be approved by the town manager must be approved by the development review board if a variance is sought. The variance shall be recommended or denied in conjunction with the application for development review.

(2)

In addition to the requirements in division 12.01.00 of this Land Development Code, an applicant for a variance on existing property shall submit to the chairperson of the development review board with a nonrefundable application fee, as established by resolution of the town council and on file in the town clerk's office, a request for variance including a topographic survey showing all pertinent dimensions attached to an understandable written statement of the variance requested and participate in a preapplication conference. Subsequent to the conference and upon receipt of a formal application the town clerk shall give notice at the expense of the applicant within ten days by certified mail, postage prepaid, to the owners of properties within 500 feet at their last known address. Said notice and letters shall set forth the date, time, place of the next development review board meeting, and the relevant facts pertaining to the application for variance. Said adjacent property owners shall reply with their approval or disapproval, in writing, to the development review board within two days prior to the meeting of the date mentioned in this subsection. The board shall hear the request and forward its recommendation to the town council for final action.

(Ord. No. 91-6, § 3(10.02.01), 2-11-1992; Ord. No. 94-2, § 1(m), 2-8-1994; Ord. No. 99-6, § 4, 10-12-1999)