(A) This section governs modifications of and variances from the improvements set forth in this chapter; provided, however, that modifications or variances from requirements may be permitted only upon a determination by professional engineers registered in the state, applying generally accepted engineering principles, that due to topographic or other conditions undue practical difficulties or undue hardships would result if adherence to these provisions are required.
(B) All subdivisions with modifications or variances shall be considered major subdivisions and be processed as such according to this chapter.
(C) The initial determination shall be made by a professional engineer for the city and a professional engineer for the subdivider. In the event these two engineers are unable to agree as to any matter concerning the proposed variation or modification, the disagreement shall be referred to a third engineer selected by the engineer for the city and the engineer for the subdivider. The engineer so selected shall settle the disagreement between the engineer for the city and the engineer for the subdivider. The engineers shall submit their findings to the Planning and Inspections Director who promptly shall submit the findings to the Planning Board for consideration. All expenses incurred by the city in obtaining the opinion of the engineers shall be paid by the subdivider.
(D) In the case of a plan or program for a nontraditional residential lot development which, in the judgment of the Planning Board, provides adequate light, air, and service needs of the tract when fully developed and populated, and which also provides the covenants or other legal provisions as will assure conformity to and achievement of the land development plan of the city and the UDO, the Planning Board may recommend and the Board of Commissioners may authorize that certain standards and requirements of these regulations be modified.
(E) Any modification thus authorized is required to be entered in writing in the minutes of the Planning Board and the reasoning on which the modification was based set forth. It is intended here that these regulations be used in association with the nontraditional residential lot development provisions of the UDO. Any modifications in the standard design criteria of these regulations needed, in the opinion of the Planning Board, to fulfill the intent and purpose of the nontraditional residential lot development provisions of the zoning ordinance are permitted.
(F) Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the Board of Adjustment may authorize a variance pursuant to § 159.02, if the variance can be made without destroying the intent of these regulations and if the other requirements of Chapter 159 are met.
(Ord. passed 7-25-2011; Ord. 23-O-07, passed 4-10-2023)