[R.O. 1991 § 425.450; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
Authorized. If an applicant believes that a mandatory provision of these regulations is unreasonable and causes undue hardship as applied to the land, the applicant may submit an application presenting such request, along with an application fee in accordance with Section 425.090.
B. 
If any mandatory provision of these subdivision regulations is shown by the applicant to be unreasonable and to cause undue hardship as applied to the land in a proposed subdivision, the Board of Aldermen, upon recommendation of the Planning and Zoning Commission, may grant an exception to such applicant from such mandatory provision so that substantial justice may be done and the public interest secured; provided that such exception will not have the effect of nullifying the intent and purpose of these regulations nor adversely affect the public health, safety or welfare and provided that the exception shall be the minimum necessary to accomplish its purposes. A subdivision exception is distinguished from a zoning variance as authorized in Section 400.635 of the Code of Ordinances, and the procedures herein are not to be used or applied in a fashion that would vary a zoning regulation. In the event that the Commission shall render a tie vote on any recommendation, said vote shall represent a recommendation for denial of the request for relief. In the event of a recommendation of denial of the subdivision regulation exception request by the Commission, a three-fourths majority vote of the Board of Aldermen is required to grant such subdivision variance.
C. 
Conditions. In granting subdivision exceptions, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.
D. 
Findings Of Fact For Exception Approvals. No subdivision exception shall be granted unless it is found that all of the following apply:
1. 
There are special and unusual circumstances affecting said property such that the strict application of the provisions of this Article would deprive the owner of the reasonable use of his/her land, and is not the mere grant of a privilege not granted to others.
2. 
The subdivision exception is necessary for the preservation and enjoyment of a substantial property right of the owner.
3. 
The granting of the subdivision exception would not be detrimental to the public safety, convenience or welfare or be injurious to other property in the vicinity.
E. 
An applicant aggrieved by a finding, decision or recommendation of the Commission or Board may request and receive an opportunity to appear before such body to present additional relevant information and to request reconsideration of the original finding, decision or recommendation.