[R.O. 2011 § 405.300; R.O. 2009 § 154.085; CC 1981 § 25-80; Ord. No. 3775, 8-7-1970; Ord. No. 87-131, 6-19-1987]
A. 
A majority of elected Council may authorize upon recommendation from the Zoning Commission a variance from these regulations when, in its opinion, extreme hardship may result from strict compliance. In granting any variance, the Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Council shall take into account the nature of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Council finds:
1. 
There are special circumstances or conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of the land.
2. 
The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
B. 
Notwithstanding any other provision to the contrary, no variance shall be granted to allow private streets, except in planned unit developments, and then only when the private streets are built to the same standards as the City's public streets.
[1]
Cross Reference: As to penalty, § 405.320.
[R.O. 2011 § 405.310; R.O. 2009 § 154.086; CC 1981 § 25-81; Ord. No. 3775, 8-7-1970]
A. 
Generally. Application for such variance should be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
B. 
Complete Neighborhood. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning and Zoning Commission stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans and other additional data which may aid the Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
[R.O. 2011 § 405.320; R.O. 2009 § 154.999; CC 1981 § 25-93; Ord. No. 3775, 8-7-1970; Ord. No. 73-38, 6-20-1973]
Any person violating any of the provisions of this Chapter shall be guilty of an ordinance violation and subject to the penalty provisions set forth in Section 100.150.