(A) When the subdivider can show that a provision of these regulations, if strictly adhered to, would cause unnecessary hardship, and when in the opinion of the Planning, Zoning and Development Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions, the Planning, Zoning and Development Commission may recommend a variance or modification to the Village Board of Trustees. The subdivider shall apply in writing for such variance or modification of the action to the Administrative Officer. Any variance or modification thus authorized by the Village Board shall be attached to and made a part of the final plat.
(B) Whenever a subdivision is developed under the planned development provisions of Chapter 159, wherein adequate park or playground area is provided, through traffic is adequately cared for, the majority of the minor streets are of the cul-de-sac type, the Village President and Board of Trustees may vary the requirements of §§ 156.20 through 156.22 and 156.35 through 156.40 in order to allow the subdivider more freedom in the arrangement of the street and lots, but at the same time, protect the convenience, health, welfare, and safety of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire village. In no case, however, shall the average lot area per family requirement be less than is required in any zoning regulations applying to the property; or in the absence of any zoning regulations, the average lot area per family shall not be less than 10,000 square feet for single-family residences nor less than 3,000 square feet per family for lots upon which the residences are to be erected for more than one family.
(Ord. 77-05, passed 4-6-77; Am. Ord. 95-06, passed 4-10-95)