CHAPTER 1116
Modifications and Minor Subdivisions
1116.01   Modifications generally.
1116.02   Minor subdivisions and lot splits as exemptions.
   CROSS REFERENCES
   Plat and subdivision defined - see Ohio R.C. 711.001
   Original plats - see Ohio R.C. 711.01 et seq.
   Vacating or altering plats on application of owner - see Ohio R.C. 711.17 et seq.
   Lots outside municipal boundaries - see Ohio R.C. 711.24 et seq.
   Revision of plats - see Ohio R.C. 711.28 et seq.
   Lost or destroyed records - see Ohio R.C. 711.34 et seq.
   Street dedication and acceptance - see Ohio R.C. 723.03
   Modifications generally - see P. & Z. 1109.12
1116.01 MODIFICATIONS GENERALLY.
   Where it can be shown, in the case of a particular proposed subdivision, that strict compliance with the requirements of these Regulations would result in extraordinary or undue hardship to the applicant or the developer, or that these conditions would result in retarding the achievement of the objectives of these Regulations, the Planning Commission may waive, vary or modify the requirements so that the subdivision is in conformance with all applicable regulations and standards, and the public interest is secured. Any such determination shall be based fundamentally on a finding that:
   (a)   The granting of the variance, exception or waiver of conditions will not be detrimental to the public safety, health or welfare and is not injurious to other property;
   (b)   The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
   (c)   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these Regulations is carried out; and
   (d)   The relief sought will not, in any manner, vary the provisions of the Zoning Code, the Comprehensive Plan or the Official Zoning Map, except that those documents may be amended in the manner prescribed by law.
   In no case shall any variance, modification or waiver be more than a minimum easing of the requirements, and in no case shall it be in conflict with the existing zoning regulations of the City of Elyria, Ohio.
   In granting variances, modifications or waivers, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of these Regulations so affected.
   The developer shall submit an application for a variance, modification or waiver, in writing, to the Planning Commission simultaneously with that of the preliminary subdivision plan. The application shall explain in detail the reasons for any facts supporting the request. Any modifications granted shall be entered, in writing, into the minutes of the Planning Commission meeting.
(Ord. 97-297. Passed 12-15-97.)
1116.02 MINOR SUBDIVISIONS AND LOT SPLITS AS EXEMPTIONS.
   In the case of a subdivision consisting of five lots or less, the Planning Commission may exempt the developer from complying with some of the requirements stipulated in Chapter 1113, pertaining to the preparation of the preliminary subdivision plan, provided, however, that all of the following conditions are met:
   (a)   The proposed subdivision is located along an existing dedicated public street or road and involves no opening, widening or extension of any street or road. Each lot or parcel created must display adequate frontage on an existing dedicated public road.
   (b)   No more than five lots or parcels, any one of which is less than five acres, are created.
   (c)   The proposed subdivision is not contrary to applicable subdivision or zoning regulations. Approval may not be granted if any variance from either zoning or subdivision regulations is requested.
   (d)   The property has been surveyed.
(Ord. 97-297. Passed 12-15-97.)