§ 152.09 VARIANCES.

   (A)   The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Commission finds:

      (1)   There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;

      (2)   The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

      (3)   The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated.

   (B)   Plats located outside the city limits may be considered for variance from §§ 152.55 through 152.59 of this chapter, when the variance is not in conflict with the city’s Capital Improvement Program or future utility extensions will not be made to the site.

(Prior Code, § 12.20) (Ord. 149, New Series, effective 1-17-1975; Ord. 180, New Series, effective 1-19-1979)