(A) Exemptions from platting requirements.
(1) This chapter does not provide any exemptions from the platting requirements, except as provided below in division (B) below.
(2) A lot or parcel resulting from a division of agricultural land is exempt from the plat requirements if the lot or parcel:
(a) Qualifies as land in agricultural use as defined in this chapter;
(b) Is not used and will not be used for any non-agriculrural purpose;
(c) The new owner of record completes, signs and records with the County Recorder a notice:
1. Describing the parcel by legal description; and
2. Stating that the lot or parcel is created for agricultural purposes as defined by state law and will remain so until a future zoning change permits other uses.
(d) If a lot or parcel exempted under division (A)(2)(a) above is used for a non-agricultural purpose, the county shall require the lot or parcel to comply with the platting requirements of this chapter and all applicable land use ordinance requirements; and
(e) A document recorded in the County Recorder’s office that divides property by a metes and bounds description does not create an approved subdivision allowed by this chapter.
(B) Waivers.
(1) The Board of County Commissioners may waive certain submittal requirements for an application for subdivision approval or for all or a portion of the required processing fees. All waiver requests must be submitted to the Subdivision Administrator with a letter which explains the reasons for the waiver. The letter can be presented prior to the submittal of the preliminary plat or final plat application or as part of the plat submittal.
(2) Waivers of submittal requirements may be granted upon recommendation of the Subdivision Administrator, and a finding by the Commissioners that the particular requirements are not necessary for consideration of the subdivision on approval.
(3) A waiver of part or all the required processing fees (as found in the county’s Schedule of Fees) for a subdivision application may be granted by the Board of County Commissioners only on finding that the particular application is such that the review time of county officials will be significantly less than the typical subdivision application.
(C) Variances.
(1) A variance from specific requirements of this chapter may only (emphasis added) be granted by the Subdivision Administrator acting as the land use authority or the Planning Commission acting as the appeal authority upon finding that:
(a) Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
(b) There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
(c) Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
(d) The variance will not substantially affect the general plan and will not be contrary to the public interest; and
(e) The spirit of the land use ordinance is observed and substantial justice done.
(2) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the land use authority or appeal authority may not find an unreasonable hardship unless the alleged hardship:
(a) Is located on or associated with the property for which the variance is sought; and
(b) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(3) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under division (C)(2)(a) above, land use authority or appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
(4) In determining whether or not there are special circumstances attached to the property, land use authority or appeal authority may find that special circumstances exist only if the special circumstances:
(a) Relate to the hardship complained of; and
(b) Deprive the property of privileges granted to other properties in the same zone.
(5) Pursuant to state law, variances run with the land.
(6) (a) An application for a variance from one or more of the requirements of this chapter shall be made to the Subdivision Administrator in the form of a letter. The letter shall include the basis for the variance request and the nature of the hardship that would result if the variance is not approved.
(b) The Subdivision Administrator shall evaluate the application using the criteria of division (C)(6)(a) above and shall approve or deny the request.
(c) If the Subdivision Administrator determines that the variance shall be denied, the applicant may appeal the decision to the Planning Commission acting as the appeal authority who shall uphold or overturn the Subdivision Administrator’s decision.
1. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
2. The appeal authority may not grant a use variance.
3. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
a. Mitigate any harmful affects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
(d) The preliminary or final plat application which includes or is the subject of a variance request shall not be scheduled for consideration by the Board of County Commissioners until all variance requests have been either approved or denied by the Subdivision Administrator and/or the Planning Commission.
(D) Appeals. In the event that any person disagrees with the Subdivision Administrator’s interpretation of the language of this chapter or his or her decision(s) made when acting as the land use authority, they may appeal the interpretation or decision(s) to the Planning Commission acting as the appeal authority.
(Ord. passed 4- -2016)