[R.O. 2009 §415.360; Ord. No. 2040 §9.01, 9-15-2003]
The subdivider of a proposed subdivision may appeal to the Governing
Body decisions made in the enforcement or interpretation of these
regulations by the Building Inspector, Planning Commission or the
appropriate engineer. 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 Planning Commission, the Governing Body shall state its decisions
and the reasons therefore in writing and submit the decision and plat
to the Planning Commission seeking concurrence. In case of non-occurrence,
the decision of the appropriate Governing Body shall be final.
[R.O. 2009 §415.370; Ord. No. 2040 §9.02, 9-15-2003]
A.
Whenever
the Planning Commission deems 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 subdivision plat being presented for approval, the Planning Commission
may authorize variances of these regulations. In authorizing such
variances or exceptions, the Planning Commission shall find the following:
1.
That strict application of these regulations will create an undue
hardship upon the subdivider.
2.
That the proposed variance is in harmony with the intended purpose
of these regulations.
3.
That 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.
[R.O. 2009 §415.380; Ord. No. 2040 §9.03, 9-15-2003]
Any waiver and/or variance in the required improvements shall
be made only by the Governing Body on a showing that such improvements
are technically not feasible.
