1211.09   VARIANCES.
   (a)   Generally. The Planning Commission may authorize a variance from these Subdivision Regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required in divisions (a)(1) to (3) of this section, the Commission shall take into account the nature of the proposed 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 granted unless the Commission finds that:
      (1)   There are special circumstances or conditions affecting such property such that the strict application of these Regulations would deprive the applicant of the reasonable use of his or her land.
      (2)   The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
      (3)   The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.
   (b)   Complete Neighborhoods. The Commission may authorize a variance from these Regulations in case of a plan for a complete community or neighborhood which, in the judgment of the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required in divisions (b)(1) and (2) of this section, the Commission shall take into account the nature of the proposed use of land, 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 granted unless the Commission finds that:
      (1)   The proposed project will constitute a desirable and stable community development.
      (2)   The proposed project will be in harmony with adjacent areas.
   (c)   Applications.
      (1)   Generally. An application for a variance described in division (a) of this section shall be submitted in writing by the subdivider when a preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and the facts relied upon by the petitioner.
      (2)   Complete neighborhoods. An application for a variance described in division (b) of this section shall be made in writing by the subdivider when a preliminary plat is filed for the consideration of the Commission. The application shall state fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Commission 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. 650. Passed 3-19-63.)