(a) Conditions. The governing body may authorize a variance from these Regulations in the case of a plan for a complete community or neighborhood where such development is permitted by the Zoning Code and which, in the judgment of the governing body, and after a recommendation is received from the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required herein below, the governing body shall take into account the nature of the proposed use and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed development upon traffic conditions in the vicinity. The governing body shall find:
(1) That there is adequate acreage and population in the proposed plan so as to support at least one elementary school.
(2) That the standards and requirements of the Zoning Code are met.
(3) That the Commission has reviewed the plan and submitted its recommendation to the governing body relating to the standards and intent of the Master Plan as it relates to facility needs.
(4) That, in granting the variance, it shall be valid only as long as the plan for the complete neighborhood is carried out as approved. Any departure from the plan shall immediately rescind any variance granted.
(5) That the governing body shall establish a time schedule to be met on the various aspects of the complete neighborhood plan.
(b) Application. A request for any such variance shall be submitted, in writing, by the proprietor at the time the preliminary plat is filed, stating fully and clearly all facts relied upon by the proprietor, and shall be supplemented with maps, plans or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(Ord. 268. Passed 7-27-81.)