(A) Where the Commission finds that extraordinary hardships may result from the strict compliance with this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of this chapter.
(B) A variance of the standards and requirements of these regulations may be allowed by the Planning Commission, with approval of City Council, in the case of a plan and program for a planned development, a cluster subdivision, or a neighborhood unit, which in the judgement of the Planning Commission and City Council provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provide such covenants or other legal provisions as will assure conformity to and achievement of the plan, and conformance to the intent of the design standards of these regulations.
(C) In granting variances and modifications, the Commission may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so varied or modified. The reasons for granting the variance shall be recorded in the Commission’s official record.
(Ord. 1286, passed 6-7-1982)