(a) Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions such that the strict application of the requirements of the Subdivision Regulations, including the Design Regulations, would result in real difficulties, substantial hardship or injustice, such requirements may be varied or modified so that the subdivider may subdivide and install improvements on his property in another approved manner, while at the same time, the public welfare and interest of the Municipality and the surrounding area are thoroughly protected and the general intent and spirit of the Regulations are enforced. The Planning Commission may make recommendations of variations which may be permitted, but the authority for approval of such variations shall rest with Council. Any Zoning Code variance shall remain the sole jurisdiction of the Planning Commission pursuant to this chapter. (Ord. 13-150. Passed 1-9-14.)
(b) The requirements of the Regulations may also be modified and varied whenever the scope of a plat encompasses a complete neighborhood or community, but it is desirable any such plat conform to the Comprehensive Plan of the Municipality. The Comprehensive Plan should be the guide for all future development or redevelopment in the Municipality. Any variance requested must insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community when fully developed and occupied will be fully met.
(Ord. 10-130. Passed 10-7-10.)
(Ord. 10-130. Passed 10-7-10.)