§ 48-43. Variances.

(a)

Where the county planning agency finds that extraordinary hardships or practical difficulties may result from rigid compliance with this chapter and/or the purposes of this chapter may be served to a greater extent by an alternative proposal, it may approve variances to this chapter, provided that such variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the county planning agency shall, as a condition of approval, make findings based upon facts presented in each specific case that:

(1)

The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property.

(2)

The conditions upon which the request for a variance is based are unique to the property in question and are not applicable to other property.

(3)

Because of the physical surroundings, shape or topographical conditions of the property involved, that are not self-imposed, a hardship to the owner would result if the strict interpretation of this chapter are carried out.

(4)

The variance will not compromise the provisions of this chapter or town zoning ordinances, or other overlapping county ordinances.

(b)

In approving a variance, the county planning agency may require conditions that, in its judgement, meet the objectives of the standards and requirements of this chapter.

(c)

In keeping with the intent of PUD provisions, in cases where a subdivision is part of a planned unit development, for which a PUD plat containing revised design standards is approved by the county planning agency, the waiver of or variance in the design standards required by this chapter shall be considered to have been granted.

(Ord. of 4-15-97(1), § 1.12)