[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.