[Ord. No. 2766 §1(120.630), 4-1-2002]
The subdivider of a proposed subdivision may appeal decisions
made in the enforcement of these Subdivision Regulations by the Community
Development Director or City Engineer to the Planning and Zoning Commission
and by the Planning and Zoning Commission to the Board of Aldermen.
Any such appeal shall provide a hearing de novo. In the event the
Board of Aldermen sustains the Planning and Zoning Commission, the
action of the Planning and Zoning Commission shall be final, except
as otherwise provided by law. If the Board of Aldermen overrules the
Planning and Zoning Commission, the Board of Aldermen shall make its
decision, stating the reason therefore and return such decision and
plat to the Planning and Zoning Commission for reconsideration and
approval as required by law.
[Ord. No. 2766 §1(120.640), 4-1-2002]
Any appeal as to the approval of standards or plans and engineering
drawings in connection with required improvements shall be directed
to the Board of Aldermen and that action shall be final.
[Ord. No. 2766 §1(120.650), 4-1-2002]
Any waiver of the required improvements may be made only by
the Board of Aldermen on a showing that such improvement is technically
not feasible.
[Ord. No. 2766 §1(120.660), 4-1-2002; Ord.
No. 3637, 3-20-2023]
In cases in which there is unwarranted hardship in carrying
out the literal provisions of these Subdivision Regulations as to
design criteria, e.g., lot width, lot depth, block length, etc., the
Planning and Zoning Commission may recommend a waiver from such provision.
The Planning and Zoning Commission shall give the applicant or any
other interested person an opportunity to be heard with respect to
the request for a waiver.
A.
The
Planning and Zoning Commission shall not recommend a waiver unless
it shall find that the strict application of these Subdivision Regulations
will create an unwarranted hardship and unless the proposed waiver
is in harmony with the intended purpose of these Subdivision Regulations
and that the public safety and welfare will be protected.
B.
Waivers
permitted under the provisions of this Section shall not include waivers
from the requirements of making improvements required in these regulations,
the standards or specifications thereof, nor from the provisions of
the Subdivision Code of the City, except as to waivers for minimum
lot width and/or area requirements. Consideration of an application
for a waiver pursuant to this Section does not relieve the applicant
from the necessity of proceeding under the applicable provisions of
any other regulations (including zoning regulations) of the City relating
to variances and waivers.
