§ 45-24.6-8. Variances, deviations, and special exceptions. (a) Any commission that adopts or has adopted a plan conforming to this chapter has the authority to grant variances, deviations, and special exceptions of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner:
(1) Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
(2) Variances may be granted where, owing to special conditions, enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
(3) Deviations may be granted where the enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.
(b) The commission shall hold a hearing on the application within a reasonable time, and give public notice and due notice of the hearing to the parties in interest and property owners within two hundred feet (200') of the affected property. At any hearing any party may appear in person or by agent or attorney.
(c) Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise supersede the jurisdiction of the commission regarding any area designated a special development district pursuant to this chapter.
History of Section. (P.L. 2019, ch. 88, art. 12, § 8.)
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