§ 13. Variances.  


Latest version.
  • 13.1

    Variances: Variances, modifications and waivers may be granted under the following conditions:

    13.1.1

    Hardship - Where the planning commission finds that extraordinary hardship may result from strict compliance with these regulations due to unusual topographic or other conditions beyond the control of the subdivider, it may vary the regulations so that substantial justice may be done and the interest secured; provided, however, that such variance will not have the effect of nullifying the purpose and intent of the regulations, the zoning ordinance or the comprehensive plan. Any variance granted must be entered upon the minutes and the reason for the variance specified therein.

    13.1.2

    Experimental subdivisions - The planning commission may waive, vary or modify the standards and requirements of these regulations if, in its judgment, an unusual or experimental subdivision might prove of considerable merit toward:

    a.

    The use of unusual materials in constructing required improvements, or:

    b.

    A new or untried concept in the area which appears promising.

    13.1.3

    Sale or exchange - The sale or exchange between or among owners of adjoining lots is exempt from these regulations provided that no new lots are thereby created and that no lot is reduced below the minimum size otherwise required by the provisions herein or by provisions of the zoning ordinance.

    13.2

    Conditions: In granting variances and modifications provided herein, the commission may require such conditions as will, in its judgment, secure the objectives and interest of the city.