14.02.090 Exceptions and modifications.
Where, in the judgment of the County zoning committee or town board, it would be inappropriate to apply literally the provisions of Sections VII and VIII of this Ordinance because exceptional or undue hardship would result, the County zoning committee or town board may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this Ordinance or the desirable general development of the County in accordance with adopted County or town comprehensive plans or components thereof. No exception or modification shall be granted unless all the following facts and conditions exist and the County zoning committee or town board so indicates in the minutes of its proceedings:
(a) Exceptional Circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where literal enforcement of the requirements of this Ordinance would result in severe hardship. Such hardships should not apply generally to other properties or be such a recurrent nature as to suggest that this Ordinance should be changed.
(b) Preservation of Property Rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(c) Absence of Detriment. That the exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest.
(d) A Majority Vote of the quorum of the County zoning committee shall be required to grant any exception or modifications to the provisions of this Ordinance over which the County zoning committee has jurisdiction, and the reasons shall be entered in the minutes of the Committee. A majority vote of a quorum of the town board shall be required to grant any modifications to the provisions of this Ordinance over which the town board has jurisdiction, and the reasons shall be entered in the minutes of the town board. [Code § 14.02-9.]