The Board of Zoning Appeals shall have the power to determine
and vary the application of these Regulations in the manner provided
by state statute, in harmony with their purpose and intent and with
due consideration for conserving the public health, safety, convenience
and welfare, solely with respect to a parcel of land where, owing
to conditions especially affecting such parcel but not affecting generally
the district in which it is situated, a literal enforcement of such
regulations would result in exceptional difficulty or unusual hardship
so that substantial justice will be done and the public safety and
welfare secured. Such variances may be for periods as determined by
the Board of Zoning Appeals.
Before making such determination or variance the Board of Zoning
Appeals must make a written finding in the minutes of each case giving
in detail:
1)
The special circumstances which create the hardship for the
particular parcel of land, and which do not apply to other parcels
in the district;
2)
That the hardship did not exist when the applicant became an
interested party and was not created by any act of the applicant;
and
3)
That the variance allowed was the minimum necessary to relieve
the hardship.
A copy of each variance shall be filed in the land records of
the Town in the Town Clerk's Office.
