A. The planning and zoning board may recommend variations from these requirements in specific cases which do not affect the general plan or the spirit of this title and which meet the requirements of subsection B of this section, so long as the said variations do not alter the requirements of the zoning code, unless a zoning variation shall be granted by the planning and zoning board or city council. All such variation recommendations shall be communicated to the city council in writing with the reasons therefore before the final approval of the plat by that body.
B. The planning and zoning board may recommend a variance from these regulations when, in its option, undue hardship may result from strict compliance. In recommending any variance, the planning and zoning board shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required hereinbelow, the planning and zoning board shall take into account the nature of the proposed subdivision 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 subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the planning and zoning board finds: (Ord. M-21-78, 7-3-1978; amd. Ord. Z-29-15, 10-5-2015)
1. That there are no special circumstances or conditions affecting said property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land.
2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. (Ord. M-21-78, 7-3-1978)
C. Subdivision plats of property having received approval of a zoning variation by the planning and zoning board or city council shall contain the following statement: (Ord. M-21-78, 7-3-1978; amd. Ord. Z-29-15, 10-5-2015)
Zoning variation granted for zoning case number to allow the construction of on lot(s) expires .
(Ord. M-21-78, 7-3-1978)