(a) 
The planning and zoning commission may recommend to the city commission a variance from this chapter when, in its opinion, undue hardship will result from requiring strict compliance.
(b) 
Variances from requirements for fire hydrants, or certain construction within the regulatory floodplain for subdivisions located within the city limits or in the ETJ will not be considered. Variances related to required water and wastewater infrastructure shall only be considered by the HWWS Board of Trustees.
(c) 
Except as provided by subsection (b), variances may otherwise be recommended by the planning and zoning commission and granted by the city commission for subdivisions located inside the city limits and within the extraterritorial jurisdiction of the city. Any variances requested must be submitted in writing by separate instrument at the time the plat is filed on a form specified by the city (see section 109-230, exhibit K).
(d) 
Such findings of the planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into official minutes of the planning and zoning commission meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
In recommending a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the finding, the planning and zoning commission shall take into account the nature of the proposed uses of the land involved, the existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and on the public health, safety, convenience and welfare in the city. No variance shall be recommended unless the planning and zoning commission finds:
(1) 
There are special circumstances or conditions affecting the land involved 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 applicant;
(3) 
The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;
(4) 
The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter;
(5) 
The granting of the variance will not have the effect of allowing subdivision of land that is inconsistent with chapter 48 of this code pertaining to utility extension policy or with the city's comprehensive plan or master plans for water and sewer infrastructure.
(e) 
Such findings of the planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning and zoning commission meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the developer, standing alone, shall not be deemed to constitute an undue hardship.
(f) 
Nothing herein shall prohibit a variance request from being initiated, recommended, or approved by the planning and zoning commission or the city commission upon its own motion and upon a showing of special circumstances or conditions existing in the immediate vicinity of the land involved, such that the strict application of the provisions of this chapter would be to the detriment of the general health, safety, and welfare of the citizens of the city as they are related to the areas of traffic movement, utility extension, fire and police protection, and drainage installation.
(g) 
All variances to this chapter must be submitted to the city commission for approval or disapproval. A majority vote of the city commission shall be required to override a recommendation for or against the variance from the planning and zoning commission. In granting any variance, the city commission shall comply with the provisions of and apply the standards and criteria of this chapter.
(h) 
The fee for this procedure is as established in the city fee schedule in chapter 18. (Subject to change by city commission approval.)
(i) 
Variances shall only be considered for those subdivisions which are not subject to the Model Subdivision Rules (MSRs), such as tracts subdivided into two or more lots of greater than five acres and subdivisions not intended for residential purposes where the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds.
(Ordinance 2022-52, § 1, adopted 12/21/2022; Ordinance 2024-44 adopted 9/4/2024)
(a) 
Any owner of any tract of land within the corporate limits of the city, or its extraterritorial jurisdiction who wishes to accomplish a subdivision shall comply with this chapter and submit same to the planning and zoning commission for its final approval with conditions.
(b) 
Any decision on a subdivision can be appealed by the developer/subdivider within 30 days of the decision of the planning and zoning commission to the city commission by submitting such a request in writing to the city planning and development director stating the reasons. The city commission must hear the request within 15 days, or at the first regular meeting after the expiration of the 15 days, after the request is submitted to the planning and development director.
(c) 
A simple majority of the city commission can approve the proposed subdivision and place conditions as necessary to meet the intent of the ordinance.
(Ordinance 2022-52, § 1, adopted 12/21/2022)