(a) Where the Council finds that extraordinary hardships may result from strict compliance with the Subdivision Regulations and/or the purposes of the Subdivision Regulations may be served to a greater extent by an alternative proposal, it may approve variances to the Subdivision Regulations so that substantial justice may be done and the public interest secured. Approving such variance shall not have the effect of nullifying any intent or purpose of these Subdivision Regulations. In addition, the Council shall consider the following factors in deciding whether to grant a variance under the Subdivision Regulations:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other 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 Subdivision Regulations are carried out; and
(4) Variances contrary to other applicable guidelines and ordinances shall not be granted.
(b) In approving variances, the Council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these Subdivision Regulations.
(c) Public Notification. At least one notice shall be given at least 30 calendar days prior to the public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least 20 calendar days prior to the date of the public hearing to abutting property owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(Ord. 2020-10, passed 6-15-2020)