Town of Lilesville

The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special" privilege denied to other, and would not promote equal justice.

The variance is in harmony with the general purpose and intent of the Ordinance and preserves the spirit.

In granting of the variance, the public safety and welfare has been assured, and substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in any respect impair the public health, safety, or general welfare.

In granting the variance, the Board may attach thereto such conditions .regarding the location, character, and other such features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this Ordinance. If a variance for tne construction, alteration, or use of property is granted, such construction, alteration, or use shall be in accordance with the approved site plan.

The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions, or circumstances bearing on the appeal or application.

A variance issued in accordance with this Section shall be considered a Watershed Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit is not obtained by the applicant within six (6) months from the date of the decision.

If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

(a)          The variance applications;
(b)          The hearing notice;
(c)          The evidence presented;
(d)          Motions, offers of proof, objections to evidence, and rulings on them;
(e)          Proposed Findings and exceptions;