APPENDIX B – ZONING REGULATIONSAPPENDIX B – ZONING REGULATIONS\ARTICLE 39. VARIANCE AND EXCEPTIONS.

Whenever it is found that the land included in a subdivision plat presented for approval is of such size or shape, or is subject to or is affected by such topographical location or conditions, or is to be devoted to such usage, that full conformity to the provisions of these regulations is impossible or is impractical, the planning commission may recommend to the governing body, by letter, that the governing body authorize a variance or exception in the final plat so the substantial justice may be done and the public interest secured. In recommending such variance or exception, the planning commission shall find the following:

(1)   That there are special circumstance or conditions affecting the property.

(2)   That the variance or exception is necessary for the reasonable and acceptable development of the property in question.

(3)   That the granting of the variance or exception will not be detrimental to the public welfare or injurious to adjacent property.