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Municipal Code

Chapter 19. Subdivision and Platting

Sec. 19-31. Variances.

(1)  For property within the City Limits where the plan commission finds that extraordinary hardships or particular difficulties may result from strict compliance with this chapter, it may recommend variations or exceptions to the 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 that the plan commission shall not recommend variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that all three of the following criteria are met:

(a) Unnecessary Hardship. That an unnecessary hardship exists if the property owner shows that they have no reasonable use of the property without a use variance or when compliance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome without an area variance;

(b) Unique Property Limitations. That the need for a variance is due to unique physical limitations of the property, such as steep slopes or wetlands, that prevent compliance with the ordinance; and

(c) No Harm to Public Interests. That granting of the variance will not result in harm to the public interests and will not materially impair the general purposes of this chapter as well as the general purpose of a specific zoning provision.

(2) When in the judgment of the Plan Commission, or City Engineer for minor subdivision, it would be inappropriate to apply literally a provision of this chapter because the subdivision is located outside the corporate limits within the extraterritorial plat review area, it may waive such provision or vary it in the manner that would best serve the public interest.

(Code 1982, 18.08; Ord. No. 1190, 2, 12-14-2010)