(A) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these subdivision regulations and/or the purposes of these subdivision regulations may be served to a greater extent by an alternative proposal, the Zoning Board of Appeals may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have effect of nullifying the intent and purposes of these subdivision regulations; and further provided the Zoning Board of Appeals shall not approve variances unless it makes written findings based upon the evidence presented to it that all of the following conditions are met:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other 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 distinguished from a mere inconvenience, if the strict letter of these subdivision regulations is carried out; and
(4) The variance will not in any manner vary the provisions of the zoning ordinances.
(B) Conditions. In approving variances, the Zoning Board of Appeals may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these subdivision regulations.
(C) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Zoning Board of Appeals. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. passed 2-2-2010)