§ 1-10. Variances.

The planning commission may authorize a variance from the provisions of this ordinance if such variance can be made without destroying the intent of this ordinance. Approval of variances shall be based upon written justification by the applicant and may be granted under one of the following circumstances:

(A)

Physical hardship. Where because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions, strict compliance with the provisions of the ordinance would cause practical difficulties on the subdivider.

(B)

Equal or better performance. Where, in the opinion of the planning commission, a variance will result in equal or better performance in furtherance of the purposes of this ordinance.

(C)

Unintentional error. Where, through an unintentional error by the applicant, the applicant's agent, or the reviewing authorities, there is a minor violation of a standard of this ordinance and where such violation is not prejudicial to the value or development potential of the subdivision or adjoining properties.

In the event that the planning commission grants a variance, it shall be the minimum variance necessary in order to allow reasonable use of the applicant's land. Any variance granted by the planning commission shall require an affirmative vote of two-thirds of the members of the planning commission present at the meeting at which the variance is requested. Any variance thus authorized is required to be entered in writing in the minutes of the planning commission with the reasoning on which the departure was justified set forth. In approving variances, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this ordinance.

The variance request shall be accompanied by a preliminary plan or plat where applicable. The variance request shall be presented at the same time a preliminary plat is considered by the planning commission. A fee as established by the board of county commissioners shall be paid by the applicant for a variance to cover the administrative expenses involved.

No variance may be issued until after a public hearing has been held on the request.

The total amount of time allowed for the supporters or the opponents of a petition to present arguments at the hearing shall be determined at the time of public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of the request for additional time.

In cases involving a controversial matter and a large number of persons wish to speak at the public hearing in favor of or against a request, the planning department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

(Ord. of 10-17-11(6); Amend. of 11-16-15(1))