§ 60-371. Findings and standards for approval.

(a)

Factual findings for interpretations. No administrative appeal upon the interpretation of the words, terms, rules, regulations, provisions and restrictions of this chapter shall be granted by the board unless it finds by the preponderance of the evidence that all of the following facts and conditions exist and so indicates such in the minutes of the proceedings:

(1)

That there is a reasonable difference of interpretation as to the specific intent of the word, term, rule, regulation, provision and restriction of the chapter.

(2)

That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties similarly situated.

(3)

That the resulting interpretation is in the best interest of the town and consistent with the spirit and intent of this chapter.

(b)

Factual findings for variances. No variance to the provisions of this chapter shall be granted by the board unless it finds by the preponderance of the evidence that all of the following facts and conditions exist and so indicates such in the minutes of its proceedings:

(1)

Preservation of intent. No variance shall be granted which is inconsistent with the purpose and intent of the regulations for the district in which the building or structure is located. No variance shall have the effect of permitting a use in any district that is not a listed permitted use or accessory use in that particular district.

(2)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot, building, or structure that do not apply generally to other similar lots, buildings, structures or uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to amount to an amendment of this chapter or a rezoning.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Health, safety and general welfare. No variance shall be granted that is contrary to the health, safety and general welfare of the town.