A variance may be granted from these Subdivision Regulations by the Planning Board if a subdivider can show that a provision of these Subdivision Regulations would cause unnecessary hardship if strictly adhered to and when, in the opinion of the Board of Appeals, because of unusual topographic or other conditions peculiar to the site, a variation may be allowed without conflicting with the general purpose and intent of such provision. To secure a variance, the subdivider shall apply in writing to the Board of Appeals, stating the reason for which the departure from the Regulations is justified, and submit the same with the preliminary plan or as soon as possible after preliminary submission. Action by the Board on such a request shall be taken as part of general action on the preliminary plan. The Board of Appeals, in granting variances, may require such conditions as shall be required to adhere to the intent of these Regulations. Variances involving street or utility improvements must be approved by the Department of Public Service and Council. The County Engineer and the County Commissioners shall also approve improvement variances when the proposed subdivision is located outside the City.
(Ord. 83-32. Passed 8-15-83.)