(A) Conditions. The City Commission may authorize a variance from this chapter in case of a plan for a complete community or neighborhood where the development is permitted by the zoning ordinance and which, in the judgment of the City Commission, and after a recommendation is had from the Planning Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required herein below, the City Commission shall take into account the nature of the proposed use of 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 development upon traffic conditions in the vicinity. The City Commission shall find:
(1) That there is adequate acreage and population in the proposed plan so as to support at least 1 elementary school;
(2) That the standards and requirements of the zoning ordinance of the city are met;
(3) That the Planning Commission has reviewed the plan and recommends its approval as having met the standards and intent of the master plan of land use as it relates to facility needs;
(4) That in granting the variance, it shall be valid only as long as the plan for the complete neighborhood is carried out as approved; any departure from the plan shall immediately rescind any variance granted;
(5) That the City Commission shall establish a time schedule to be met on the various aspects of the complete neighborhood plan.
(B) Application. Application for any variance under this section shall be submitted in writing by the proprietor at the time the preliminary plat (stage 1) is filed, stating fully and clearly all facts relied upon by the proprietor and shall be supplemented with maps, plans or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(Prior Code, § 27-8) (Ord. 53, passed 8-21-1969)