The City Council may grant a variance or special exception from all provisions of this code, in each case that three of the following provisions, including (A), and (B) of this section are met:
(A) The subdivider shall apply in writing for such a variance or exception upon filing of the preliminary plat with the Planning Commission.
(B) Any variance or exception granted shall comply with the intent and purpose declared in this code.
(C) The subdivider shows that because of topographical or other physical conditions peculiar to the site, the provisions of this code would cause an unnecessary hardship if strictly adhered to.
(D) In the opinion of the Planning Commission, the variation or exception will afford better site design and land utilization.
(E) Any variation proposed or contained within a Planned Unit Development shall be governed by the applicable requirements of the zoning code, rather than by this Article III.
(F) Any variation granted shall be in writing and clearly state all conditions requiring the variance or special exception, and shall set forth the exact terms of the variance, a copy of which shall be attached to the preliminary plats or final plats, as the case may be.
(G) A copy of any variation shall be part of the public record and shall be filed in the office of the City Clerk.
(Ord. 1069, passed 7-20-1998; Am. Ord. 1696, passed 3-21-2016)