The City Council may grant a variance or special exception from all provisions of this code, except § 300-4.7 of Article
IV, provided, in each case, that three of the following provisions, including Subsections A and B, are met:
A. The subdivider shall apply in writing for such variance or exception
upon filing of the preliminary plat with the City Clerk's office;
and
B. Any variance or exception granted shall comply with the purpose declared in § 300-1.1 of Article
I; and
C. The subdivider shows that, because of topographical or other physical
conditions peculiar to the site, the provisions of this code would
cause an unnecessary hardship if strictly adhered to; or
D. In the opinion of the City Council, the variation or exception will
afford better site design and land utilization.
Any variation proposed or contained within a planned unit development
shall be governed by the applicable requirements of the Zoning Code,
rather than this article.
Any variation granted shall be in writing and clearly state
all conditions requiring the variance or special exception and shall
set forth the exact terms of the variance; a copy of which shall be
attached to the preliminary plats or final plats as the case may be.
A copy of any variation shall be part of the public record and
shall be filed in the office of the City Clerk.