[Ord. No. 336 Art. 11, 12-14-1999]
A.
Appeals. The subdivider of a proposed subdivision may appeal
to the Governing Body decisions made in the enforcement or interpretation
of these regulations by the Zoning Administrator or Planning and Zoning
Board. In the event the Governing Body sustains such decisions, the
prior enforcement or interpretation shall be final, except as otherwise
provided by law. If the Governing Body overrules the decision, the
Governing Body shall state its decisions and the reasons therefore
in writing and submit the decision and plat to the Planning and Zoning
Board seeking concurrence. In case of non-concurrence, the decision
of the Governing Body shall be final.
B.
Variances. Whenever the Planning and Zoning Board shall
recommend that full conformance to the provisions of these regulations
is impractical or impossible due to the size, shape, topographic location
or condition or such usage of land included in a subdivison plat being
presented for approval, the Governing Body may authorize variances
of these regulations. In authorizing such variances or exceptions,
the Governing Body shall find all of the following:
1.
Strict application of these regulations will create an undue hardship
upon the subdivider,
2.
The proposed variance is in harmony with the intended purpose of
these regulations.
3.
The proposed variance will not be detrimental to the public welfare
or injurious to other property in the vicinity in which the property
is situated.
C.
Waivers. Any waiver of the required improvements shall be
made by the Governing Body only on a showing that such improvements
are technically not feasible. Provided however, that any request for
a waiver shall first be submitted to and a recommendation made by
the Planning and Zoning Board.
