(A) General.
(1) The County Commission may grant variances from this title when strict compliance would result in undue hardship to the developer/applicant and if it would not adversely affect the public. The granting of this variance shall not have the effect of nullifying the intent and purpose of this title. The County Commission may not, by variance, permit subdivision for building purposes in areas situated within the floodway of a flood of 100-year frequency as defined by FEMA.
(2) The County Commission shall review the following criteria when considering a subdivision regulation variance request:
(a) The granting of the variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties;
(b) Because of the particular physical surroundings, shape, or topographic conditions of the specific property involved, an undue hardship to the owner would result if the strict letter of this title were enforced;
(c) The variance will not cause a substantial increase in public costs; and
(d) The variance will not in any manner place the subdivision in nonconformance with Title II of this code or the county’s Comprehensive Plan.
(B) Procedure. The applicant shall provide a written statement describing the requested variance and the facts of hardship upon which the request is based. In granting variances, the County Commission may impose such conditions as will, in its judgment, secure substantially the objectives of this title including the preparation and filing of a recordable document describing the variance and conditions in full.
(Ord. 14-04, passed 6-30-2015, Ch. 9, Art. 1)