(A) The City Commission may authorize a variance from any provision in this chapter when, in its opinion, undue hardship would result from requiring strict compliance. In granting a variance, the City Commission shall prescribe only conditions that it deems necessary or 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 or work in the proposed subdivision and the probable effect of the variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. The staff and Planning Board shall first review the request for a variance, conduct land use studies and make a written recommendation to the City Commission.
(B) No variance shall be granted unless the Planning Board finds and recommends, and the City Commission concurs:
(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 injuries to other property in the area; and
(4) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the areas in accordance with the provisions of this chapter.
(C) The findings of the Planning Board and City Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is recommended and granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter, so that the public health, safety and welfare may be secured and substantial justice served. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(D) Notwithstanding division (B) above, the City Commission may grant a variance or variances to the provisions of this chapter in conjunction with the approval of a planned unit development zoning ordinance (rezoning). If a Planned Unit Development is approved, the City Commission need not consider and approve each variance contained within.
(Ord. 08-29, passed 10-21-2009)