(A) General. Any subdivider/developer desiring a variation from the requirements of this chapter shall file a written application therefor with the Code Enforcement Officer at the same time that he or she files his or her preliminary plat.
(1) The application shall fully explain the grounds for the variance request and specify the section(s) of this chapter which, if strictly applied, would cause great practical difficulties or hardship.
(2) The Code Administrator shall prepare an advisory report on every application for variation and submit it, together with the completed application, to the Planning and Zoning Board.
(3) Any variation proposed herein by the developer, which is in effect a variation of the provisions of Ch. 154 of this code of ordinances, shall only be allowed and granted in compliance with the provisions of Ch. 154 of this code of ordinances after a public hearing before the Planning and Zoning Board of Appeals. Nothing contained herein shall be construed as to allow a variation of lot size, setbacks or any other regulation of Ch. 154 of this code of ordinances, which is not in compliance with the provisions of § 154.212(B) of this code of ordinances.
(Prior Code, § 19-444)
(B) Review by the Planning and Zoning Board.
(1) The Planning and Zoning Board shall review the application for variation and the Code Administrator’s comments, and submit its advisory report to the Board of Trustees, together with its recommendation on preliminary plat approval.
(2) The Planning and Zoning Board’s advisory report shall be responsive to all the variance standards set forth in division (C) below.
(Prior Code, § 19-445)
(C) Action by the Board of Trustees.
(1) At the same meeting at which they take action on the application for preliminary plat approval, the Board of Trustees shall decide, by resolution, whether to grant or deny the requested subdivision variation.
(2) A copy of its decision, clearly stating its reasons therefor and the exact terms of any variation granted, shall be attached to both the preliminary and final plats.
(3) The Board of Trustees shall not grant any subdivision variation unless, based upon the information presented to them, it determines that:
(a) The proposed variation is consistent with the general purposes of this chapter;
(b) Strict application of the subdivision design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;
(c) The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship;
(d) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(e) The peculiar circumstances engendering the variation request are not applicable to other tracts and, therefore, that a variation would be a more appropriate remedy than an amendment; and
(f) The variation if granted, will not substantially impair implementation of the community plan, including the official map.
(Prior Code, § 19-446)
(Ord. 1700, passed 3-17-2014)