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The Board of Land Use Appeals may grant variances from the terms of the zoning code where, owing to special conditions, the literal enforcement of this subtitle would result in unnecessary hardship. For the purposes of this section, "unnecessary hardship" is defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district, caused by facts such as rough terrain or soil conditions uniquely applicable to that particular piece of property, as distinguished from those conditions applicable to most or all other property in the same zoning district. Variances shall be granted only so that the spirit of this subtitle is observed and substantial justice done.
Variances may be granted:
a. To permit a yard of less dimension than required by this subtitle;
b. To permit construction of a building or structure which will exceed the height limit for the district in which it is located;
c. To permit off-street parking which does not conform in quantity or other particulars with the requirements of this subtitle.
The application is reviewed by the Board of Land Use Appeals at a public hearing. Property owners within 660' of the property for which the variance is requested and the town board are notified of the hearing which is also published in the paper.
A hearing fee is required at time of application.
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