(A) Subdivisions which do not meet the requirements in this chapter may request, as directed by the Zoning Administrator, an exception to design standards as described in § 151.020 General Provisions or a subdivision variance.
(B) A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the applicant.
(C) The variance application shall be reviewed using the same procedure for preliminary plats identified in § 151.079.
(D) The City Council may grant a variance from strict compliance with the subdivision regulations contained in this chapter when it finds that all of the following conditions exist:
(1) That the requested variance is in harmony with the general purposes and intent of this chapter;
(2) That the requested subdivision variance is consistent with the Byron Comprehensive Plan and all other applicable city plans;
(3) That the authoring of such variance will not be of substantial detriment to the community health, safety or general welfare and will not materially impair the purposes of the subdivision regulations or the public interest;
(4) That the applicant has established that there are special circumstances or conditions affecting the property, such as particular physical surroundings, shape, or topographical conditions, such that a particular hardship to the owner would result if the strict letter of these regulations are carried out;
(5) That the intended use and conditions of the property forming the basis for granting a variance are unique and not of so general or recurrent a nature as to cause the formulation and adoption of a general subdivision regulation for similar uses and conditions; and
(6) That the variance will not in any manner vary from the provisions of the Zoning Code.
(E) In approving a variance, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(Ord. 2023-02, passed 5-9-23)