(A) (1) When necessary, the Council upon recommendation by the Planning and Zoning Commission, may authorize variances to the requirements of this chapter (not procedural provisions). The subdivider shall request in writing at the time of the application for preliminary plat approval, and shall state the grounds for each variance request. A variance may be granted only if the City Council finds all of the following:
(a) That there are special circumstances or conditions affecting the property that are not common to all other properties in the area.
(b) That the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other properties of the same vicinity.
(c) That extraordinary hardship would result from strict compliance with these regulations because of special circumstances or conditions affecting the property.
(d) That the granting of a variance will not be detrimental to the public health, safety or public welfare nor injurious to other property in the vicinity of the property involved.
(e) That the special circumstances and conditions causing the undue hardship do not result from the actions of the applicant.
(2) In granting a variance, the City Council shall make a written record of the findings of fact in connection therewith.
(B) The Council may waive compliance with any of the provisions of this chapter by adoption of a resolution by a 4/5 or greater vote specifying which provisions have been waived after review of the application by the Planning and Zoning Commission in either of the following situations:
(1) In which compliance will involve an unnecessary hardship and where failure to comply does not interfere with the purpose of this chapter; or
(2) Where an improved plat can be achieved by a deviation from the provisions of this chapter.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006)