(A) In cases of undivided land, where there is no main or lateral sewer of the city sewer system within the distance provided by § 51.03 of this chapter, no building shall be constructed thereon unless the tract contains at least two acres of land and has a width of at least 200 feet measured at the front building line.
(B) The City Commission may authorize a variance from the two-acre or 200-foot width requirements for on-site sanitary sewer facilities when, its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required in this section, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside at the proposed location and the probable effect of the variance upon the public health, safety, convenience and welfare in the vicinity. The Planning Board shall first review the request for a variance and make a written recommendation to the City Commission. No variance shall be granted unless the Commission finds:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;
(4) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter;
(5) The County Health District approves the on-site sanitary sewer facilities;
(6) Applicant agrees that, if platting is required by state law or city ordinance, any granting of a variance is conditional on the property being platted, approved by the city and recorded in the County Deed Records;
(7) Applicant has paid all property taxes;
(8) The property is in excess of one acre of undeveloped land area, excluding water bodies (ponds, lakes, streams and the like); and
(9) One of the following guidelines applies:
(a) The subject property perimeter is bounded by undevelopable property which if it were combined with the subject property would cause it to exceed the ordinance requirement. Undevelopable property includes natural bodies of water, highway, railway or other right-of-way, or other properties of the land that substantially prevent the property from being developed by any property owner; or
(b) Other factors (other than economic hardship) exist that would prohibit the applicant from purchasing enough additional property to meet the section requirements.
(C) (1) The findings of the City Commission, together with the specific facts upon which the findings are based, shall be incorporated into the official minutes of the Commission meeting at which the variance is granted.
(2) Variances may be granted only when in harmony with the general purpose and intent of the city code, so that the public health, safety and welfare may be secured and substantial justice done.
(3) Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(1998 Code, § 122-34) (Ord. 01-08, passed 3-21-2001) Penalty, see § 51.99