§ 156.21 VARIANCE PROCEDURE.
   (A)   The Commission may approve a Variance from the requirements of this chapter only upon a determination in writing that:
      (1)   The Variance will not be injurious to the public health, safety, and general welfare;
      (2)   The use and value of the area adjacent to the property to be subdivided will not be affected in a substantially adverse manner;
      (3)   The need for the Variance arises from some condition peculiar to the property involved; and
      (4)   Because of the particular physical surroundings, shape, or topographical conditions of the subject property involved, an undue hardship to the owner would result, as distinguished from a mere inconvenience, if the strict application of these regulations are enforced.
   (B)   The Commission shall make an affirmative finding on each of the factors described in § 156.21(A) in order to approve a Variance request.
   (C)   The Commission may impose reasonable conditions as a part of its approval.
   (D)   The approval or disapproval by the Commission of a Variance request is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
   (E)   The Commission does not have the authority to grant a variance from a requirement of the Zoning Ordinance.
(Ord. 14-C-00, passed 10-10-00)