(A) Where the county finds that extraordinary hardships or practical difficulties 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 regulations so that substantial justice may be done and the public interest secured, provided that the variances shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the county 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 Comprehensive Plan, Thoroughfare Plan, or county drainage regulations as interpreted by the Board of Commissioners; and
(5) The application for variance must be accompanied by a nonrefundable fee of $100, or as amended in the most recent schedule of fees.
(B) In approving variances, the county may impose conditions which will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(C) A petition for any variance shall be submitted in writing by the applicant at the time when the application for a driveway permit is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(D) Approval of variances will be given by the County Commissioners, with benefit of a recommendation from the County Engineer.
(E) Variances to regulations regarding driveway pipes, including driveways proposed with no driveway pipe, such as at the crest of a hill, shall be exempt from these variance provisions. However, written approval will be required from the County Engineer in those situations.
(Ord. 1999-6E, passed 6-28-99)