§ 45-24.4-13. Variances, deviations, and special exceptions. (a) Any special development district commission that adopts a plan of development pursuant to this chapter has the authority to grant variances, deviations, and special exceptions from the literal application of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner.
(b) 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.
(c) Variances may be granted where, owing to special conditions, a literal 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.
(d) Deviations may be granted where the literal 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.
History of Section. (P.L. 1981, ch. 332, § 1.)
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