(A) Conditions. The County Planning Board may authorize a variance from the terms and conditions of these regulations when the Board finds that undue hardship may result from strict compliance with the terms and conditions of these regulations. Any requests for a variance shall be signed by the subdivider or his or her duly authorized representative and shall specify in detail the requested variances and the facts and justification of the requested variance. When deciding variance requests, the Planning Board shall follow quasi-judicial procedures.
(B) Sketch. The variance request shall be accompanied by a sketch plan or sketch design meeting the requirements of § 154.22(E) of these regulations. The variance request shall be presented at the same time the preliminary plan or design is considered by the Planning Board.
(C) Variance request.
(1) Following consideration of the variance request, the Planning Board may either approve or deny the variance request in whole or in part. In the event the Planning Board grants a variance, it shall be the minimum variance necessary in order to allow the applicant reasonable use of his or her land. Any variance granted by the Planning Board shall require an affirmative vote of two-thirds of the members of the Board present at the meeting in which the variance is requested.
(a) Example 1. 2/3 × 7 = 14/3 or 4 & 2/3 or 5 members.
(b) Example 2. 2/3 × 4 = 8/3 or 2 & 2/3 or 3 members.
(2) If the variance requested is denied by the Planning Board, the applicant may appeal to the County Board of Commissioners.
(1996 Code, § 154.61) (Ord. passed 3-21-1994; Ord. passed 3-20-2006)