(A) (1) The City Council may grant a variance from any of the terms and conditions of this chapter upon receiving a report from the Planning Commission in any particular case where the subdivider can show by reason of exceptional topography or any other physical condition that strict compliance with this chapter would cause undue hardship; provided, such relief may be granted without detriment to the public welfare and without detriment to the public welfare and without impairing the intent and purpose of this chapter.
(2) The Planning Commission may recommend variations from the requirements of this chapter in specific cases, which if, in the opinion of the Planning Commission, it does not affect the Comprehensive Plan or the intent of this chapter. Any modifications thus recommended shall be entered in the minutes of the Planning Commission in setting forth the reasons that justify the modifications. The City Council may approve variances from this chapter in specific cases that, in its opinion, meet the above requirements and do not adversely affect the purposes of this chapter.
(B) Upon receiving a report from the Planning Commission, the City Council may grant a variance from any of the provisions of this chapter in the case of a planned unit development; provided that, the City Council shall find that the proposed development is fully consistent with the purposes and intent of this chapter. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques.
(C) (1) The subdivision of a lot which is a part of a recorded plat or parcel, where the division is to permit the transfer of land from one neighbor to another, and the newly created property line or lines will not cause either lot or lots when transferred to be in violation of the Zoning Ordinance shall be exempt from the terms and conditions of this chapter.
(2) In the case of a subdivision of unplatted land or a resubdivision of platted land into five parcels or less, situated in a locality where conditions are well defined, and the subdividing will not be detrimental to the public welfare or injurious to other property in the locality in which the property in question is located and newly created, and property lines will not cause any resulting lot to be in violation of this chapter or the zoning ordinances, the applicant may petition the Planning Commission, the exempt the subdivider from complying with all or part of the regulations of this chapter.
(3) The applicant shall be required to submit a petition for waiver of the requirements of this chapter upon forms furnished by the city. The forms shall be accompanied by or contain the following information:
(a) An exhibit showing a dimensioned certificate of survey drawn by a registered land survey drawn by a registered land surveyor identifying the original lot or subdivision with an overlay or separate plan showing the proposed lot or subdivision requested;
(b) An accurate dimensioned drawing of the present lot (or lots), arrangements shall include existing lot lines, structures, easements and encroachments, existing and proposed utilities, streets and other relevant information as needed, as well as the relationship to adjacent lots and buildings;
(c) A legal description of the existing area and the proposed project area; and
(d) Proof of property ownership.
(4) The petition for waiver and eight copies of the certificate of survey must be submitted to the Zoning Administrator at least three weeks prior to the next regular meeting of the Planning Commission, and shall be accompanied by the required filing fee as determined by the City Council.
(5) The Planning Commission shall, thereafter, make a recommendation to the City Council concerning requests.
(6) The City Council, after review by the Planning Commission, shall then consider the application and the Planning Commission recommendation, and proceed to act on a resolution approving or denying the request.
(7) A certified copy of the City Council’s resolution approving the petition for waiver accompanied by the exhibits required in the petition must be recorded by the petitioner at the office of the County Recorder and be done within ten days after the Council’s approval of the petition. If land, lots or parcels are subdivided without following these guidelines, the transfer of any lands shall be deemed illegal and in violation of this chapter.