(A) Where evidence may support a petitioner’s challenge to these regulations, in that extraordinary hardship or practical difficulty may result from strict compliance with these regulations, and/or that the purpose of these regulations may be served to a greater extent by an alternative proposal, the proposed plan shall be referred to the Plan Commission and the Plan Commission may grant variance to these development regulations so that substantial justice may be done and the public interest secured; provided, that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and provided further that the Plan Commission shall not grant a variance unless it shall make findings in writing based upon the evidence presented to it in each specific case that the following criteria have been affirmatively determined:
(1) The granting of the variance will not be detrimental to 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) Due to the peculiar physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from mere inconvenience, if the strict letter of these regulations is carried out. Financial hardship shall not constitute grounds for a variance; and
(4) The variance shall comply substantially with the provisions of the comprehensive plan.
(B) A petition for variance shall be submitted in writing by the petitioner prior to the Plan Commission’s hearing for approval of the primary plat. The petition shall state fully the grounds for the application and the facts relied upon by the petitioner. Where the variance has an impact on design and construction of public facilities, all public agencies as appropriate shall be given ample time to investigate the petition and comment in writing to the Plan Commission. In approving variances, the Plan Commission may require such conditions as will in its judgment substantially secure the objectives of these regulations. The Plan Commission may require the petitioner to submit, along with his or her petition for variance, a certification from a registered professional engineer, or registered professional architect, attesting to the facts submitted in support of the petition.
(C) The petition for variance shall be docketed and heard before the Commission as a separate issue and docket, and public notice shall be given, and the issued resolved, in the same manner as approval of the primary plat.
(Ord. 470, passed 3-5-2007)