(A) When made. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography or other such not self-inflicted condition or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the City Council may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided, such variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter or interfering with carrying out the plan of the city. Any waiver of any requirement of this chapter, pursuant to this division (A), may not be made at the meeting at which such waiver is first proposed but may only be taken at the next regular meeting after such waiver is first proposed.
(B) Limitations. In no case shall any variation or modification be more than a minimum easing of the requirements, and in no instance shall it have the effect of reducing the traffic capacity of any street or be in conflict with any zoning provision.
(C) Granting; vote required. Such variances and waivers may be granted only by the affirmative vote of two-thirds of the members of the City Council.
(D) Conditions for granting. In granting variances and modifications, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
(Prior Code, Chapter 16, Ch. 1.32) (Ord. 2 (Series 1979-1980), passed - -)