Any property owner desiring to make application for a variance
shall file a written application for a variance with the administrator.
The application and accompanying maps, plans, or other information
shall be acted upon by the administrator within 60 days of the date
of filing. A notice of the application for a variance shall be published
in a newspaper having general circulation in Carroll County, which
notice shall state the application requests, why it is requested,
and shall give notice of a public hearing concerning said application.
The applicant shall pay all costs associated with the request.
A.Â
Requirements for submission of applications. The applicant shall
submit the following:
(1)Â
A copy of all preliminary maps, plans or other information related
to the application.
(2)Â
A list of names and addresses of all of those owning property adjacent
to the property for which a variance is being requested.
(3)Â
Narrative description of the nature of the variance and justification
as set forth in this section.
B.Â
Criteria for deciding upon variance. When the administrator finds
that extraordinary hardships or particular difficulties regarding
the physical development of land may result from strict compliance
with these regulations, he may approve 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 providing the administrator shall not approve variations
or exceptions to the regulations of this chapter unless he shall make
findings based upon the evidence presented to him in each specific
case that:
(1)Â
An unusual situation or when strict adherence to the general regulations
would result in substantial injustice or hardship. "Hardship" is defined
in physical terms and not in financial terms; and
(2)Â
The authorization of the variance will not create a substantial detriment
to adjacent or nearby property; and
(3)Â
The situation is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as amendment(s) to this chapter; and
(4)Â
The hardship is created by the physical character of the property.
Personal, pecuniary (financial), or self-inflicted hardship shall
not be considered grounds for the authorization of a variance.
C.Â
Written reasons for variance. Any exception thus authorized shall
be stated in writing, with the reasoning on which the variance was
justified set forth.
D.Â
Conditions may be attached. The Planning Commission may attach such
conditions and safeguards to the variance as it deems necessary to
protect the general public interest.
Any person, firm or corporation aggrieved by the administrator's
objection to a plat or a failure to approve a final plat may appeal
to the Carroll County Board of Supervisors. All such appeals shall
be brought before the Board and a decision announced by that body
within 30 days following the objection or rejection of the plat by
the administrator. The Board of Supervisors may direct that the final
plat be approved if it finds that the action of the administrator
was arbitrary, unreasonable, or discriminatory. If the decision of
the Board is in agreement with the administrator's disapproval
of the plat, and the manufactured home park developer further contends
that such disapproval was not properly based on the provisions of
this chapter applicable thereto or was arbitrary or capricious, he
may then appeal to the Circuit Court having jurisdiction of such land,
and the Court shall hear and determine the case.
