§ 23-70. Hardships.

(a)

Where the planning commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purposes of the Comprehensive Plan, or these regulations.

(b)

The planning commission shall determine extraordinary hardship if it finds all of the following facts in regard to the subdivision:

(1)

That the land is of such shape or size, or is affected by such topographic conditions, or is subject to such title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this chapter.

(2)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.

(3)

That the hardship is not solely economic and was not caused by the property owner.

(Ord. No. 3774, § 1, 4-7-15)