[R.O. 2011 § 405.300; R.O. 2009
§ 154.085; CC 1981 § 25-80; Ord.
No. 3775, 8-7-1970; Ord. No. 87-131, 6-19-1987]
A.
A majority of elected Council may authorize
upon recommendation from the Zoning Commission a variance from these
regulations when, in its opinion, extreme hardship may result from
strict compliance. In granting any variance, the Council shall prescribe
only conditions that it deems necessary to or desirable for the public
interest. In making its findings, as required herein below, the Council
shall take into account the nature of the proposed subdivision upon
traffic conditions in the vicinity. No variance shall be granted unless
the Council finds:
1.
There are special circumstances or
conditions affecting the property such that the strict application
of the provisions of this Chapter would deprive the applicant of the
reasonable use of the land.
2.
The variance is necessary for the
preservation and enjoyment of a substantial property right of the
petitioner.
B.
Notwithstanding any other provision to
the contrary, no variance shall be granted to allow private streets,
except in planned unit developments, and then only when the private
streets are built to the same standards as the City's public streets.
[R.O. 2011 § 405.310; R.O. 2009
§ 154.086; CC 1981 § 25-81; Ord.
No. 3775, 8-7-1970]
A.
Generally. Application for such variance
should be submitted in writing by the subdivider at the time when
the preliminary plat is filed for the consideration of the Planning
and Zoning Commission. The petition shall state fully the grounds
for the application and all the facts relied upon by the petitioner.
B.
Complete Neighborhood. Application for
any such variance shall be made in writing by the subdivider at the
time when the preliminary plat is filed for the consideration of the
Planning and Zoning Commission stating fully and clearly all facts
relied upon by the petitioner and shall be supplemented with maps,
plans and other additional data which may aid the Council in the analysis
of the proposed project. The plans for such development shall include
such covenants, restrictions or other legal provisions necessary to
guarantee the full achievement of the plan.
[R.O. 2011 § 405.320; R.O. 2009
§ 154.999; CC 1981 § 25-93; Ord.
No. 3775, 8-7-1970; Ord. No. 73-38, 6-20-1973]
Any person violating any of the provisions of this Chapter shall be guilty of an ordinance violation and subject to the penalty provisions set forth in Section 100.150.
