(A) General. Where the Area Plan Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of the regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and the purpose of these regulations; and further provided the Area Plan Commission 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 distinguishes 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 zoning ordinance, Comprehensive Plan, or Official Map as interpreted by the Area Plan Commission and the county or participating city and towns; and
(5) Variance modifications submitted in writing to the Area Plan Commission shall be referred immediately to the appropriate participating jurisdiction for their approval or rejection. If such participating jurisdiction approves of such modifications in writing, or fails to either approve or disapprove within 30 days after the same has been referred to them, the Area Plan Commission may modify such requirement, standards and specifications so as to promote the public health, safety, and welfare, and prevent detriment to the use and value of the land, provided however, that nothing herein shall be construed as altering or conflicting with the powers and duties of the Board of Zoning Appeals of the Area Plan Commission pursuant to I.C. 36-7-4-900 et seq., as currently amended. No authority to modify shall exist in the Area Plan Commission if the appropriate participating jurisdiction by writing disapproves such modification.
(B) Conditions. In approving variances, the Area Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of the regulations.
(C) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the primary plat is filed for the consideration of the Area Plan Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 13-8, passed 5-16-13)