§ 57-13. Variance and exception.

(a)

When a subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to because of conditions peculiar to the site, and when a departure may be made without destroying the intent of such provision, a variance or modification may be granted. The subdivider shall apply in writing for such variance or modification. The variance or modification shall be referred to the planning and zoning commission who shall forward its recommendation to the board of aldermen. Any recommendation regarding a variance shall be entered in writing in the minutes of the commission and the reason on which the departure was justified or denied shall be set forth. Any variance or modification may be authorized by the board of aldermen by a two-thirds ( 2/3 ) vote of the entire membership. Such variance or modification shall be made by ordinance and a copy thereof shall be attached and made part of the final plan.

(b)

No variance shall be granted unless the board of aldermen finds that no detriment will be caused to the public welfare and no damage will be caused to other public property in the area in which the property for which the variance is requested is situated and that the variance does not substantially impair the intent and purposes of this chapter.

(c)

No variance shall be granted which seeks in any manner to alter the provisions of street right-of-way widths and/or street pavement widths as set forth herein.

(Ord. No. 02-45, § 1, 7-1-02; Ord. No. 03-82, § 6, 7-21-03)