A. Authority: The city council may vary and make exceptions as provided in this title in instances where there is sufficient evidence, in its opinion, of hardship caused by topographic conditions or where any other deterrents to reasonable development exist. (Ord. 1582, 3-20-2012)
B. Exceptions For Certain Planned Developments: Whenever a subdivision is developed under the planned development provisions of the zoning ordinance and adequate park or playground area is provided, through traffic is adequately cared for and the majority of the minor streets are of the cul-de-sac type, the planning and zoning board may vary the requirements of chapters 2 and 3 of this title in order to allow the subdivider more freedom in the arrangement of the streets and lots, but at the same time, protect the convenience, health, welfare and safety of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire county; however, in no case shall the average lot area per family requirement be less than that required in any zoning regulation applying to the property; or in the absence of any zoning regulation, the average lot area per family shall not be less than six thousand (6,000) square feet for single-family residences or less than four thousand (4,000) square feet per family for lots upon which residences are to be erected for more than one family. (1996 Code § 26-10; amd. Ord. 1582, 3-20-2012)
C. Hardship Cases:
1. When a subdivider can show that a provision of this title, if strictly adhered to, would cause unnecessary hardship, and when, in the opinion of the planning and zoning board, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of this title, the planning and zoning board may recommend a variance or modification to the city council. (1996 Code § 26-12; amd. Ord. 1582, 3-20-2012)
2. The subdivider shall apply in writing for such variance or modification of the action.
3. Any variance or modification so authorized shall be attached to and made a part of the final plat. (1996 Code § 26-12)