(A) Variance authority and standards. With concurrence from the Board, the Planning Commission may grant variances/waivers from the design and approval requirements of this subchapter, or from the Zoning Ordinance, when it is determined that the following standards are satisfied in the circumstances of each specific case:
(1) Strict compliance with the ordinance requirement would result in a practical difficulty or unnecessary hardship because of the particular physical surroundings, shape, or topographical conditions of the tract of property involved, as distinguished from a mere inconvenience or economic hardship.
(2) The variance/waiver may be granted without detriment to the public safety, health, or general welfare, or damage to other property.
(3) The ordinance requirement at issue is not applicable to the specific situation at issue; or the purpose is applicable but may be served even if a variance is granted.
(4) The conditions upon which the request for variance is based are unique to the subject property and not applicable generally to property outside of the proposed plat.
(5) Approval of a variance/waiver will not in any manner result in a violation of any ordinance or any other requirement of law.
(6) The conditions providing support for the variance/waiver were not created by the applicant or the applicant's predecessors in title.
(B) Variance application procedures.
(1) A request for a variance/waiver from any requirement of this subchapter or the Zoning Ordinance shall be reviewed by the Planning Commission during the tentative preliminary plat approval.
(2) All variance/waiver requests shall be published in the public notice as required in § 151.23.
(3) The request shall state the grounds for the requested variance/waiver, and all the facts relied upon in support thereof.
(4) The Planning Commission shall include in its recommendation to the Board a list of all variances/waivers included in the approval of a preliminary plat.
(5) Any denial of a variance/waiver by the Planning Commission may be appealed to the Board when it reviews the preliminary plat for tentative approval.
(Ord. 175, passed 11-10-2008)