(A) Jurisdiction. All variances to this subdivision chapter shall be under the jurisdiction of the County Plan Commission.
(B) General. Where the Commission finds that extraordinary hardships peculiar to the site proposed for development or practical difficulties may result from strict compliance with these regulations and/or the purposes of these 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 purpose of these regulations; and further provided the 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 injuries to other nearby property;
(2) The conditions upon which the request for a variance is based are unique to the property for which variance is sought and are not applicable to other or all property within or outside of a particular subdivision;
(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 regulations are carried out; and
(4) The variance will not in any manner contravene the provisions of the zoning regulations or Comprehensive Plan, as interpreted by the Commission, the Plan Director, Surveyor or health offices.
(C) Conditions. In approving variances, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(D) Procedures. A petition for any such variance shall be submitted in writing on the appropriate form by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petitioner shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. passed 7-20-1992)