§ 45-24.4-13 - Variances, deviations, and special exceptions.
SECTION 45-24.4-13
§ 45-24.4-13 Variances, deviations, andspecial exceptions. – (a) Any special development district commission that adopts a plan ofdevelopment pursuant to this chapter has the authority to grant variances,deviations, and special exceptions from the literal application of anyregulations adopted pursuant to that plan, upon the application of an aggrievedproperty owner.
(b) Special exceptions to the terms of the regulations may begranted in those cases specified in the regulations, and subject to thoseconditions and safeguards specified therein, where the use granted by specialexception is reasonably necessary for the convenience or welfare of the publicand does not substantially or permanently injure the value of neighboringproperty.
(c) Variances may be granted where, owing to specialconditions, a literal enforcement of the regulations would result inunnecessary hardship, where the variance will not be contrary to the publicinterest, and the spirit of the plan will be observed and substantial justicedone.
(d) Deviations may be granted where the literal enforcementof the regulations relating to setbacks, build-to lines, and other area anddimensional restrictions would preclude the full enjoyment by the owner of apermitted use and amount to more than a mere inconvenience.