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- M M Thus, the zoning code clearly requires sidewalks on both sides of roads within non-residential subdivisions. These requirements were recently considered by the Planning and Zoning Commission and were subsequently adopted into code by the Board of County Commissioners in Ordinance 88-9. Section 11(b) of the subdivision ordinance states that the Board shall not approve a waiver (variance) from the subdivision ordinance requirements unless it finds all four of the following: 1. "The particular physical conditions, shape and topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the ordinance is carried out;" 2. "The granting of the waiver will not cause injury to adjacent property or any natural resource;" 3. "The conditions, upon which a request for waiver are based, are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant;" and 4. "The waiver is consistent with the intent and purpose of the Indian River County Zoning Ordinance, the Indian River County Comprehensive Land Use Plan, and this ordinance." It is staff's opinion that these four criteria are not satisfied (see the attached application for the applicant's response). 1. The applicant agrees with staff that meeting the code and providing for sidewalks would not cause an undue hardship to the applicant because of any physical conditions or character- istics of the site. 2. Granting the waiver could adversely affect surrounding properties because the sidewalk system would not be provided, and pedestrian circulation would be impeded. 3. The applicant is contending that because of the type and location of the subdivision, the sidewalks would serve no purpose. The applicant states there will be little pedes- trian traffic within the subdivision. Sidewalks are required in all industrial zoning districts. Industrial districts are urban in character, are employment centers, and will generate pedestrian use. The basis of the request is not unique. The applicant's contention is that sidewalks are not needed in an industrial park. Industrial parks and projects occur throughout the County, and are similarly situated. Granting this request would compel the County to amend current ordinances so that sidewalks would not be required in any industrial parks. 4. The applicant is contending that sidewalks should not be required because this industrial subdivision is below the 3 units per acre density threshold for sidewalks. Density is not relevant to industrial use; sidewalks are required in the industrial districts because of their urban character. In summary, the applicant's rationale for not providing sidewalks in the Glendale Industrial Park, is that sidewalks should not be provided because of the non-residential nature of the subdivision. 41 BOOK 72 PnN 446