§ 90.030  VARIATIONS.
   Minimizing congestion and delay, ensuring the safety of the traveling public, and protecting the county's ability to maintain and improve the county highway system are among the objectives of this chapter. Under conditions of practical difficulty and extraordinary hardships, it may be difficult to strictly comply with the requirements of this chapter. The purpose of a variation is to provide relief from strict compliance with the regulations and requirements of this chapter so long as the objectives of this chapter are not compromised.
   (A)   General.
      (1)   Where the County Engineer finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter, the County Engineer may approve variations to the requirements of this chapter so that substantial justice may be done and the public interest subserved thereby, provided that such variations shall not have the effect of nullifying the intent and purpose of this chapter.
      (2)   The County Engineer may require that a traffic impact study or other information, studies, or data be submitted when reviewing a request for a variation from the provisions of this chapter.
   (B)   Variation requests. A petition for any variation shall be submitted in writing to the County Engineer by the permittee. The permittee must prove that the variation will not be contrary to the public interest and that a practical difficulty or unnecessary hardship will result if it is not granted. In particular, the permittee shall establish and substantiate that the variation conforms to the requirements and standards as set forth in § 90.030.
   (C)   Standards for variations. No variation in the strict application of the provisions of this chapter shall be granted unless it is found that the following relevant requirements and conditions are satisfied. The County Engineer may grant variations whenever it is determined that all of the following have been met.
      (1)   The granting of the variation shall be in harmony with the general purpose and intent of the regulations imposed by this chapter and shall not be detrimental to the safety of the traveling public using the county highway.
      (2)   There must be proof of unique or existing special circumstances or conditions where the strict application of the provisions of this chapter would deprive the permittee of reasonable access. Circumstances that would allow reasonable access by a road or street other than a county highway, circumstances where indirect or restricted access can be obtained, or circumstances where engineering or construction solutions can be applied to mitigate the condition shall not be considered unique or special.
      (3)   There must be proof of practical difficulty or unnecessary hardship. It is not sufficient to show that greater profit or economic gain would result if the variation would be granted. Furthermore, the hardship or difficulty cannot be self-created or self-imposed; nor can it be established on this basis by the owner who purchases with or without knowledge of the provisions of this chapter. The difficulty or hardship must result from the strict application of this chapter and it must be suffered directly and solely by the owner of the property in question.
      (4)   The variation is the least deviation from the provisions of this chapter which will mitigate the hardship or practical difficulty.
   (D)   Action by the County Engineer. Upon receipt of the required variance application form, all supporting documentation, data, studies and other requested information and all related variance fees, the County Engineer shall review and render a decision in writing to the owner. The County Engineer may, in the decision for a variation, stipulate conditions or impose requirements in granting of a variation from the provisions of this chapter. The written decision of the County Engineer is valid for a period of one year.
(Ord. 19-1061, passed 7-9-2019)