(A) Hardships. Where the Planning and Zoning Commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, the Commission may recommend deviation from strict compliance with these regulations so that substantial justice may be done and the public interest secured; provided, that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter and, further provided, the Commission shall not recommend variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented in each specific case that:
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result if the strict interpretation of the regulations were carried out; and
(2) The granting of the variation will not be detrimental to public health, safety or general welfare or injurious to the environment, other property or improvements in the neighborhood in which the property is located.
(B) Exception to procedure for minor subdivisions. The subdivision of a parcel of land along an existing public street or road into not more than five lots for single-family residential use and not involving the construction of public improvements shall be considered a minor subdivision and shall follow the procedure and requirements as outlined in §§ 155.110 and 155.111.
(C) Planning and Zoning Commission may attach conditions to variations and exceptions. In its recommendations on variations and exceptions, the Commission may require conditions that will substantially secure the objectives of this chapter.
(2009 Code, § 35-2-7) (Ord. 91-4, passed 5-6-1991)