HomeMy WebLinkAboutZ-172 Variance Clarifications ORDINANCE NUMBER ~_-J?~Z
AN ORDINANCE AMENDING SUBDIVISION REGULATIONS
AND ZONING ORDINANCE Z-160
WHEREAS, the Carmel Plan Commission has by resolution recommended
this Ordinance to the Carmel City Council and
WHEREAS, said Council has been duly advised that Section 3.7 of
the Subdivision Ordinances and 30.4 of the Zoning Ordinances are contrary
in part to State Statute,
BE IT THEREFORE ORDAINED that Section 3.7 of the Subdivision Ordinance
be repealed and Section 30.4 of the Zoning Ordinance be amended by striking
the words "and Subdivision control" in the first sentence of said section.
BE IT FURTHER ORDAINED that a new section be added to the Subdivision
Control Ordinance being:
Section 3.7 Variance. The Plan Commission may authorize in specific
cases such variance from the terms of the Subdivision Control Ordinance
as will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of
said ordinances will result in unnecessary hardship, and so that
the spirit of the Subdivision Control Ordinance shall be observed
and substantial justice done. In deciding whether or not the applicant
has presented sufficient proof to permit the granting of a variance,
the Plan Commission shall determine that:
3.7.1 The grant of a variance will not be injurious to public
health, safety, morals and general welfare of the community.
3.7.2. The use or value of the area adjacent to the property
included in the proposed plat will not be affected in a sub-
stantially adverse manner.
3.7.3 The need for the variance arises from some condition
peculiar to the property and such condition is not due to
the general conditions of the neighborhood.
3.7.4 The strict application of the terms of the ordinance
will constitute an unusual and unnecessary hardship if applied
to the property for which the variance is sought.
3.7.5 The grant of the variance does not interfere substantially
with the comprehensive plan.
BE IT FURTHER ORDAINED that Section 3.8 of the Subdivision Ordinance
shall be renumbered 3.9 and a new Section 3.8 shall be inserted as follows:
Section 3.8.1 A petition for such variance shall be submitted
in writing by the subdivider at the time when the preliminary
pl~t is filed ~o~ c~sid~ation; Said petition is to be on
PAGE 2
ATTEST:
APPROVED:
d~///~. Re~a~r~, Ma[vor'
Dorothy J. F~hc~k, ~lerk-Treasurer