[R.O. 2008 §405.380; Ord. No. 381 Art. XI §1, 11-9-1987]
A.
When a subdivider can show that a provision of this Chapter would
cause unnecessary hardship if strictly adhered to, and when, in the
opinion of the Planning Commission, because of topographical or other
conditions peculiar to the site, a departure may be made without destroying
the intent of such provision, the Commission may recommend a variance
or modification to the Board of Aldermen. The subdivider shall apply
in writing for such variance or modification. Any variance thus recommended
shall be entered in writing in the minutes of the Commission and the
reasoning on which the departure was justified shall be set forth.
Any variance or modification authorized by the Board of Aldermen shall
be made by resolution and a copy thereof shall be attached and made
a part of the final plat.
B.
No variance shall be granted unless the Commission finds that no
detriment will be caused to the public welfare and no damage will
be caused to other public property in the area in which the property
for which the variance is requested is situated, and that the variance
will not substantially impair the intent and purpose of this Chapter.
[R.O. 2008 §405.390; Ord. No. 381 Art. XI §2, 11-9-1987]
The Commission may approve a comprehensive group development, including residential neighborhood units, cluster developments, and condominium types, if it finds that the variations from these regulations will not adversely affect the health, welfare, safety, and convenience of the individuals occupying said development. In a comprehensive group development, the allowable percentage of land which is to be set aside for various types of dwelling, commercial, and/or industrial uses shall not exceed the amount specified in Chapter 402 for the district for which the development is proposed to be located.
