(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;
(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 area in which the property is located;
(3) The owner/developer circumstances are unique and do not establish a pattern inconsistent with the intent of this chapter;
(4) The granting of the variation or exception will not violate any other local, state or federal permit requirements; and
(5) The act of not obtaining proper permits shall not be considered as a hardship.
(B) Planning and Zoning Commission may attach conditions to variations and exceptions. In its recommendations on variations and exceptions, the Planning and Zoning Commission may require certain conditions that will substantially secure the objectives of this chapter.
(2009 Code, § 41-2-6) (Ord. 10-09-01, passed
10-09-2001
)