(A) Variances.
(1) In any case in which the compliance with the provisions of this chapter will involve unnecessary hardship, and failure to comply with the provisions of this chapter does not interfere with the purpose of the platting regulation, a variance may be granted. A variance may be granted only if the Board of Adjustment shall make a finding that all of the following conditions exist:
(a) There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would involve unnecessary hardship;
(b) The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the vicinity of the property being developed or for future residents of the proposed subdivision; and
(c) Failure to comply with the strict application of the provisions of this chapter does not interfere with the purpose and intent of the subdivision regulations.
(2) Except as stated above, all other procedures for applying for a variance and the decision making process will be the same as set forth in the city’s zoning regulations. Final approval of any plat or registered land survey shall not relieve the developer or the property owner of any obligation to meet all requirements contained in the city’s zoning regulations, or all other city ordinances. In the event that this chapter contains one or more provisions which conflicts with the provisions of the city’s zoning regulations or another city ordinance, the provisions which are more restrictive apply.
(B) Exceptions.
(1) This chapter shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the County Recorder or Registrar of Titles prior to the effective date of this chapter, or any preliminary plats which have had a public hearing before the Commission, nor is it intended by this chapter to repeal, annul, or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by, or in conflict with, this chapter, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land. Where this chapter imposes a greater restriction upon the land than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.
(2) Compliance with this chapter is not required for transfers of interest in land by will, or pursuant to court order.
(3) Compliance with this chapter is not required for divisions of land in which less than five parcels are created during a 24-month period of time, unless a new public street is involved.
(Ord. 153, passed 11-8-1999)