(A) The Planning Commission or City Council, as the case may be, may authorize condition variances to requirements of these regulations. Application for a variance shall be made by a petition of the land divider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative plan.
(B) A variance may be granted only in the event that all of the following circumstances exist.
(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity, and result from tract size or shape, topography of other circumstances over which the owners of property since enactment of this chapter have had no control.
(2) The variance is necessary for the preservation of a property right of the application substantially the same, as owners of other property in the same vicinity possess.
(3) The variance would not be materially detrimental to the purposes of this chapter, or to property in the same vicinity in which the property is located or otherwise conflict with the objectives of any city plan or policy.
(4) The variance requested is the minimum variance which would alleviate the hardship.
(Ord. 2021-08-02, passed 10-12-2021)