[R.O. 1997 §405.300; Ord. No. 1088 §3, 12-9-1991]
A.
Whenever it is found that the land included in a subdivision
plat presented for approval is of such size or shape or is subject
to or is affected by topographical location or conditions, or is to
be devoted to such usage that full conformity to the provisions of
this Chapter is impossible or impractical, the Planning and Zoning
Commission may recommend to the Board of Aldermen, by letter of transmittal,
authorization of variances or exceptions in the final plat so that
substantial justice may be done and the public interest secured. In
recommending such variances or exceptions, the Planning and Zoning
Commission shall find the following:
1.
There are special circumstances or conditions
affecting the property.
2.
The variances or exceptions are necessary for
the reasonable and acceptable development of the property in question.
3.
The granting of the variances or exceptions will
not be detrimental to the public welfare or injurious to other property
in the vicinity in which the property is situated.
4.
Such request for variance shall be approved or
disapproved by the Board of Aldermen after its consideration of the
recommendation of the Planning and Zoning Commission. The decision
of the Board of Aldermen shall be transmitted in writing to the subdivider
and the Planning and Zoning Commission.
[R.O. 1997 §405.310; Ord. No. 1088 §3, 12-9-1991]
The subdivider may appeal decisions made in the enforcement
and administration of this Chapter by the County Engineer to the Planning
Board and by the Planning and Zoning Commission to the Board of Aldermen.
The decision of the Board of Aldermen shall be final and shall be
made in writing and transmitted to the subdivider and Planning and
Zoning Commission.
[R.O. 1997 §405.320; Ord. No. 1088 §3, 12-9-1991]
Any waiver of the required improvements shall be only by the
Board of Aldermen on a showing that such improvement is technically
not feasible.
