The Planning Commission may authorize variances to any of the requirements and regulations set forth in this chapter.
(A) Application for variance. Application for any variance shall be made by a verified petition of applicant stating fully the ground of the application and the facts relied upon by the petitioner. The application shall be filed as an attachment to the developer's Storm Water Management Control Plan. In order for the petition to be considered by the Planning Commission it shall be necessary that all of the following facts are applicable:
(1) That the land is of such shape or size, is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this chapter.
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(B) Referral of proposed variance. Each proposed variance shall be referred to the Village Engineer and the Hamilton County Soil Conservation Service for their recommendations to the Planning Commission prior to the Planing Commission hearing.
(Ord. C-604, passed 9-8-86)