Article 10. Appeals and Variances

10-1.          Appeals.

Any appeal as to approval of standards or plans and engineering drawings in connection with required improvements shall be directed to governing body and the action of the governing body shall be final.

10-2.          Variances.

Whenever the planning commission shall recommend that full conformance to the provisions of these regulations is impractical or impossible due to the size, shape, topographic location or condition, or such usage of land included in a subdivision plat being presented for approval, the governing body may authorize variances of these regulations. In authorizing such variances or exceptions, the governing body shall find all of the following:

(1)   That strict application of these regulations will create an undue hardship upon the subdivider.

(2)   That the proposed variance is in harmony with the intended purpose of these regulations.

(3)   That the proposed variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

10-3.          Waivers.

Any waiver of the required improvements or guarantees for their installation may be made only by the governing body on a showing that such improvements are not technically feasible or necessary.