§ 157.012  VARIANCES.
   (A)   General. Where the Plan Commission finds that extraordinary hardships may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Plan Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
      (1)   The granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other nearby property;
      (2)   The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
      (3)   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
      (4)   The variance will not in any manner contravene the provisions of the Zoning Ordinance, Comprehensive Plan or Official Map as interpreted by the Plan Commission and the President of the Plan Commission;
      (5)   Where the variance impacts on the design and construction of public facilities, all appropriate public agencies have been given ample time to comment in writing to the Plan Commission.
   (B)   Conditions. In approving variances, the Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
   (C)   Procedure. A petition for any such variance shall be submitted in writing by the subdivider at the time the preliminary plat is filed for the consideration of the Plan Commission. The petition shall state fully the grounds for the application and the significant facts relied upon by the petitioner.
   (D)   Nothing herein shall be construed as altering or conflicting with the powers and duties of the Board of Zoning Appeals pursuant to Title 36-7-4-900 series of the Indiana statutes, as currently amended, Ordinance or Comprehensive Plan which may have been developed.
   (E)   In approving variances, the Plan Commission may require such conditions as will in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
   (F)   Financial disadvantage to the property owner is not proof of hardship within the purpose of this chapter.
   (G)   A Comprehensive group housing, commercial, or industrial development, including the large-scale construction of housing, commercial or industrial units, together with necessary drives and ways of access, may be approved by the Plan Commission although the design of the project does not include standard street, lot, and subdivision arrangements, provided that departure from the standards of these regulations can be made without destroying their intent and is in accordance with the provisions of the Zoning Ordinance relating to Planned Unit Developments.
(Ord. 2011-07, passed  - - )