Extracted standards
11 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Floodplain
- Floodprone area varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. factors
Where a variance is being considered for a floodprone area ... the board of zoning appeals shall satisfy all relevant factors and procedures ... and consider the following additional factors: danger to life and property due to increased flood heights, danger that materials may be swept, proposed water supply and sanitation, susceptibility to flood damage, importance of services, waterfront location requirement, availability of alternative locations, compatibility with existing development, relationship to comprehensive plan, safety of access, expected flood characteristics, repair of historic structures, and other relevant factors.
Other
- Appeal to board deadline30 days
Such appeal shall be taken within 30 days after the decision by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof.
- Appeal fee40 dollars
Appeals requiring an advertised public hearing shall be accompanied by a certified check for $40.00 payable to the town.
- Notice for 25 or fewer parcels5 days
Where the application for a special exception and use permit affects 25 or less parcels of land, ... written notice shall be given at least five days in advance ... to the owner or owners of each parcel involved, and to the owners of all abutting property ... delivered by certified mail.
- Notice for more than 25 but less than 500 parcels
Where more than 25, but less than 500 parcels are involved, delivery by first class mail shall satisfy the requirements of this section.
- Public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. for special exception
A public hearing shall be advertised and held by the town council prior to the issuance of any special exception and use permit.
- Special exception authority
The town council is vested with the authority to issue special exceptions to this chapter.
- Special exception scope
The town council shall consider special exceptions to this chapter only for uses or activities so specified herein; activities not included within this chapter shall require an amendment or rezoning.
All variances to this chapter shall be considered, granted or denied by the zoning board of appeals.
No such variance shall be authorized by the board unless it finds: a. That the strict application of the ordinance would produce undue hardship; b. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; c. That the authorization of such variance will not be of substantial detriment to adjacent property; and d. That the character of the district will not be changed by the granting of the variance.
- Violation penalty1,000 dollars
Any person ... violating ... shall be guilty of a misdemeanor and ... may be fined up to $1,000.00. ... separate offense for each and every day.
From the ordinance
All variances to this chapter shall be considered, granted or denied by the zoning board of appeals... The town council is vested with the authority to issue special exceptions...