2. Ordinance on highway accesses
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2. Ordinance on highway accesses
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2/27/2007 10:54:35 AM
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<br />Should an access be illegally placed within the County right-of-way it may be removed by <br />the Cass County Highway Department at the owner's expense, <br /> <br />3.6 Amendments <br /> <br />In order to promote the public health, safety, comfort, and general welfare, the County <br />Commission may from time to time amend the regulations imposed by this Ordinance. <br /> <br />3.7 Types of Access <br /> <br />The following types of access, described more fully in Chapters 7, 8 and 9, are hereby <br />established: (a) Permanent, (b) Temporary, (c) Field Drive. <br /> <br />3.8 Variance <br /> <br />3.8.1 General <br /> <br />Where the County Engineer finds that hardships or practical difficulties may result from <br />strict compliance with this Ordinance, the County Engineer may approve a variance to the <br />requirements of this Ordinance so that substantial justice may be done and the public <br />interest subserved thereby, provided that such variances shall not have the effect of <br />nullifying the intent and purpose of this Ordinance. <br /> <br />The County Engineer may require that a Traffic Impact Study, studies, or data be submitted <br />when reviewing a request for a variance from the provisions of this Ordinance. <br /> <br />3.8.2 Variance Requests <br /> <br />A petition for any variance shall be submitted in writing to the County Engineer by the <br />applicant. The applicant must prove that the variance will not be contrary to the public <br />interest and that a practical difficulty or hardship will result if it is not granted. <br /> <br />3.8.3 Standards for Variance <br /> <br />No variance in the strict application of the provisions of this Ordinance shall be granted <br />unless it is found that the following relevant requirements and conditions are satisfied, The <br />County Engineer may grant variances whenever it is determined that all of the following <br />have been met. <br /> <br />9 <br />
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