Article X. Appeals And Variances

Section 1. Appeals general.

The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these regulations by the Planning Commission, to the Governing Body of the City of Haysville. Any such appeal shall provide a hearing de novo (hearing of new evidence). In the event the Governing Body sustains the Planning Commission, the action of the Planning Commission shall be final, except, as otherwise provided by law. If the Governing Body over rules the Planning Commission, the Governing Body shall make its decision, in writing, stating the reason therefore and return such decision and plat to the Planning Commission for reapproval as required by law.

Section 2. Variances.

In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations as to design criteria, e.g. lot width, lot depth, block length, etc., the Planning Commission may grant a variance from such provision.

1. The Planning Commission shall not grant a variance unless it shall find that the strict application of these regulations will create an unwarranted hardship and unless the proposed variance is in harmony with the intended purpose of these regulations and that the public safety and welfare will be protected.

2. Variances permitted under the provisions of this Article shall not include variances from the requirements of making improvements required in Article VII, unless approved by the Governing Body as provided for in the preceding Section. Consideration of an application for a variance pursuant to this condition does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including zoning regulations) of the city or county relating to variances.

3. When used in this Section, the term “unwarranted hardship” shall mean the complete deprivation of use as distinguished from a mere inconvenience.

Section 3. Variance – planned unit development.

When a plat or subdivision is prepared in connection with a planned unit development authorized by any legally adopted zoning regulation regulating the same area, then the Planning Commission may vary the design standards contained in this regulation to such extent as may be necessary to permit the preparation of a planned development plan in accordance with the standards, conditions and restrictions of such zoning regulation.