§ 4.1-20-35 — Petition to board of adjustment to vary land use regulations - Service - Hearing - Board's powers

Hearing - Board's powers.
Any qualified elector residing in the district may file a petition with the board of adjustment
seeking a variance from strictly complying with the land use regulations. Copies of a petition
must be served upon the chairman of the supervisors of the district where the lands are located
and upon the chairman of the committee. The board shall fix a time for the hearing of the
petition and cause due notice of the hearing to be given. The petitioner may appear in person,
by agent, or by attorney at the hearing and the supervisors and the committee may appear and
be heard. If the board determines on the facts presented at the hearing that there are great
practical difficulties or unnecessary hardships in the way of applying the strict letter of any of the
land use regulations upon the lands of the petitioner, the board shall make and record the
determination and findings of fact as to the specific conditions that establish the great practical
difficulties or unnecessary hardships. Upon the findings and determination, the board may enter
an order authorizing a variance from the terms of the land use regulations in its application to
the lands of the petitioner consistent with the spirit of the land use regulations, and with
substantial justice and the public health, safety, and welfare.