Ordinance 1119-85 - Laserfiche WebLink

, SECTION 6: GENERAL ' A. Modification and Variations B. Tax Segregated Lots C. Appeals D. Delegation E. Transition F. Effect of Non-Compliance G. Illegal Transfers H. Violation Penalty I. Severability J. Repealer K. Effective Date A. Modifications and Variations 1. Any applicant can make an application to the City requesting a modification or variation from the lot requirements of Section 5-C-14. • 2. For subdivisions and short subdivisions, the modification or variation of more than 10% shall be considered by the Hearing Examiner. The application shall be submitted with the subdivision or short subdivision application. 3. For subdivision and short subdivisions, the modifications or variation of 10% or less shall be considered by the Planning Director. The application shall be submitted with the subdivision or short subdivision application. 4. The modification or variation shall not be granted unless the Hearing Examiner or Planning Director has established the following: a. There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this Ordinance and would result in a better design; and b. The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located; and c. A hardship would be incurred by the applicant if he complied with the strict application of the regulations. 5. The filing of an application with the City requesting a modification or variation shall stay the running of the time period for preliminary subdivisions and short subdivisions approval as are set forth in Section 2 and 4 of this Ordinance. • -33-