§ 60-370. Variances.

(a)

Application. The zoning board of appeals may, upon denial of a site plan and submission of a formal application, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant. Such variances shall be governed by the following provisions:

(b)

Procedure.

(1)

A completed application along with the filing fee, and photos and diagrams outlining the request shall be filed with the town clerk within 30 days after the date of written notice of the decision of the zoning administrator and transmitted to the zoning board of appeals.

(2)

The officer whose action is appealed shall in writing clearly state the reasons for the denial.

(3)

The board shall within 30 days of receiving a complete written application set a date for the hearing of the appeal and give public notice by publication of a Class 2 notice at least ten days prior to the hearing. The town shall also give written notice of the hearing via U.S. mail or hand delivery to the property owner and applicant, as well as to the town board, zoning administrator, plan commission, and owners of a property within 300 feet of the perimeter property line as it exists at the time of appeal.

(4)

If, by majority vote, the zoning board of appeals believes that an on-site inspection of the property is necessary, the hearing shall be adjourned to the site for inspection. Any deliberation shall take place only upon return to the town hall where the meeting shall be reconvened.