(A) Variance for hardship. The City Council may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the City Council shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required herein below, the City Council 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 subdivisions and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the City Council finds that:
(1) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of this land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and/or
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(1979 Code, § 5.321)
(B) Variance for complete neighborhood.
(1) The City Council may authorize a variance from these regulations in the case of a plan for a complete community or neighborhood where such development is permitted by Ch. 150 and which, in the judgment of the City Council, and after a recommendation is had from the 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 Council 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.
(2) The City Council shall find that:
(a) There is adequate acreage and population in the proposed plan so as to support at least one elementary school;
(b) The standards and requirements of Ch. 150 are met;
(c) 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;
(d) 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; and
(e) The City Council shall establish a time schedule to be met on the various aspects of the complete neighborhood.
(C) Application. Application for any such variance 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.
(1979 Code, § 5.322)
(Ord. 45, passed 6-6-1972)