layout: default title: “1240.12 VARIANCES, EXCEPTIONS, AND WAIVER OF CONDITIONS.”—

​(a) Variances. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these Regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions, and waiver of conditions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances, exceptions, and waiver of conditions unless it shall make finding based upon the evidence presented to it in each specific case that:

​(1) The granting of the variance, exception or waiver of conditions, will not be detrimental to the public safety, health, or welfare, or injurious to other property.

​(2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property.

​(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations is carried out.

​(4) The relief sought will not in any manner vary the provisions of the Planning and Zoning Code of the City of Springboro or the master plan, except that those documents may be amended in the manner prescribed by law.

​(b) Conditions. In approving variances, exceptions of waivers of conditions, the Planning Commission may require such conditions as will, in its judgement, secure substantially the purposes described in Chapter 1240.03 of these Regulations.

​(c) Procedures. A petition for a variance, exception or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

(Ord. 04-41. Passed 8-19-04.)