§ 20-14. Exceptions and modifications.

(a)

Where, in the judgment of the town plan commission, it would be inappropriate to apply literally the provisions of article VI of this chapter and where, in the judgment of the town board, it would be inappropriate to apply literally the provisions of article VII of this chapter because exceptional or undue hardship would result, the town plan commission and town board may waive or modify any requirement to the extent deemed just and proper.

(b)

No waiver to the provisions of this chapter shall be granted unless the town plan commission and board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:

(1)

Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. (Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.)

(2)

Preservation of property rights. That such waiver is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.

(3)

Absence of detriment. That the waiver will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(4)

Majority vote grants waiver. A majority of the town board members voting in the affirmative shall be required to grant any waiver of this chapter.

When such relief is granted it shall be without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the town in accordance with the adopted regional, county or town comprehensive plans or adopted plan components. The reasons shall be entered in the minutes of the plan commission and town board.

(Ord. of 9-8-2017, § 12-3-5)