[R.O. 2004 § 410.380; Ord. No. 2.56 § 3(Art. 1 § 1.11), 1-9-2001]
A. General. Whenever the Planning and Zoning
Commission deems that extraordinary hardship or practical difficulties
may result from strict compliance with these regulations and/or the
purpose of these regulations may be better served by an alternative
proposal, it may authorize a variance, exception or waiver of the
conditions of these regulations. In authorizing such variance, exception
or waiver, the Planning and Zoning Commission shall consider the following:
1.
The conditions that the request is
based upon constitute special circumstances or conditions affecting
the property for which the relief is sought and are not generally
applicable to other property.
2.
The variance, exception or waiver
is necessary for the reasonable and acceptable development of the
property in question and involve a particular hardship to the owner,
as distinguished from a mere inconvenience, if the strict letter of
these regulations is carried out.
3.
The granting of the variance, exception
or waiver will not be detrimental to the public welfare or injurious
to other property in the vicinity in which the property is situated.
4.
The granting of the variance, exception
or waiver will not in any manner vary the provisions of the zoning
regulations, Comprehensive Plan or Official Map, except that those
documents may be amended in the manner specified by law.
B. Conditions. In approving variances, exception or waiver of conditions, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the purpose described in Section
410.060 of these regulations.
C. Procedure. A petition for a variance, exception or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary or final plat is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the condition from which the petitioner is seeking relief, the grounds for the application and all of the facts relied upon by the petitioner, including the ability to meet the conditions of Section
410.380(A) above.
[R.O. 2004 § 410.390; Ord. No. 2.56 § 3(Art. 1 § 1.12), 1-9-2001]
For the purpose of protecting the
public health, safety and general welfare, the Planning and Zoning
Commission may from time to time propose amendments to these regulations.
Such proposed amendments shall be heard as part of a public hearing
following public notice as require by law. Following recommendation
by the Planning and Zoning Commission, the Governing Body shall make
action by approving or disapproving the amendment.
[R.O. 2004 § 410.400; Ord. No. 2.56 § 3(Art. 2 § 2.01), 1-9-2001]
A. Maintain permanent and current records
with respect to these regulations, including amendments thereto. Keep
on file minutes and agendas of all meeting and hearings.
B. Review all applications for sketch, preliminary
and final plats and notify applicants of acceptability for review.
C. Process and distribute all sketch, preliminary
and final plats together with applications and filing fees.
D. Transmit sketch, preliminary and final
plats to the Planning and Zoning Commission along with written comments.
E. Transmit Planning and Zoning Commission
recommendations regarding acceptance of plats to the Governing Body
for its action.
F. Transmit final plats to Recorder of Deeds
for filing.
G. Review and approve, approve conditionally or disapprove lot splits per Article
III.
[R.O. 2004 § 410.410; Ord. No. 2.56 § 3(Art. 2 § 2.02), 1-9-2001]
A. Determine the need for a detailed drainage study or stormwater improvements based upon the submittal of the sketch plat per Section
410.140.
B. Review all applications for sketch, preliminary
and final plats and notify applicants of acceptability for review.
C. Review and approve, approve conditionally or disapprove drainage studies per Section
410.170.
D. Review and approve, approve conditionally or disapprove construction documents per Section
410.180.
E. Review and approve, approve conditionally or disapprove lot splits per Article
III.
F. Review or inspect all required improvements and as-built drawings and recommend acceptance, acceptance conditionally or rejection per Section
410.340.
[R.O. 2004 § 410.420; Ord. No. 2.56 § 3(Art. 2 § 2.03), 1-9-2001]
A. Review and approve, approve conditionally or disapprove preliminary plats per Section
410.150(F) through
(G) within sixty (60) days after the first meeting of the Planning and Zoning Commission constituting the official submission date as defined in Section
410.130.
B. Review and approve, approve conditionally or disapprove final plats within sixty (60) days after the first meeting of the Planning and Zoning Commission following the submission of the final plat per Section
410.160(F) through
(G). Transmit approved final plats, together with appropriate recommendations, to the Governing Body for its acceptance of dedications of public improvements.
C. Review and approve, approve conditionally or disapprove lot splits where an applicant has appealed staff's decision per Section
410.200.
D. Review and approve, approve conditionally or disapprove variances, exceptions and waivers of conditions of the regulations herein per Section
410.380.
E. Make other determinations and decisions including making recommendations of amendments to these regulations as may be required of the Planning and Zoning Commission from time to time per Section
410.390.
[R.O. 2004 § 410.430; Ord. No. 2.56 § 3(Art. 2 § 2.04), 1-9-2001]
A. Consider Planning and Zoning Commission recommendations on final plats and accept or reject dedications of public improvements within thirty (30) days after the first meeting of the Governing Body following action by the Planning and Zoning Commission per Section
410.160(H).
B. Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by the regulation per Section
410.320.
C. Accept, accept conditionally or reject dedication of required improvements following completion and inspection per Section
410.340.
D. Take other action as required from time to time, including the consideration of amendments to these regulations per Section
410.390.
[R.O. 2004 § 410.440; Ord. No. 2.56 § 3(Art. 1 § 1.10), 1-9-2001]
A. Each Section and each Subsection of these
regulations are hereby declared to be independent of every other Section
or Subsection so far as the passage of these regulations are concerned
and the invalidity of any Section or Subsection of these regulations
shall not invalidate any other Section or Subsection thereof.
B. These regulations shall in no manner affect
pending actions either civil or criminal founded on or growing out
of any ordinance or part of any ordinance hereby repealed and these
regulations shall in no manner affect rights or causes of action either
civil or criminal not in suit that may have already occurred or grown
out of any ordinance or part of any ordinance hereby repealed.
C. If any Section, Subsection, sentence, clause,
phrase or portion of these regulations are for any reason held to
be invalid or unconstitutional by the decision of any court, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions
thereof.