Fulton Variances ordinance (§ 102-100)

(a) If any mandatory sections of this chapter are shown by the subdivider to be unreasonable and cause undue hardship as they apply to the proposed subdivision, the city council, upon the recommendation of the city engineer, may grant a variance to such subdivider from such mandatory sections so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of this chapter.

(b) In granting variances and modifications, the council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

(c) In seeking variances or modification, the subdivider shall adhere to the following provisions:

(1) Any subdivider/developer desiring a variance from the requirements of this chapter shall file a written application at, or prior to, the filing of the preliminary plat. Variances or modifications shall not be considered for final plats.

(2) The variance application shall fully explain the grounds for the variance request and specify the section(s) of this chapter which, if strictly applied, would cause great practical difficulties or hardship. The city engineer or his/her designee shall prepare advisory reports on every subdivision variance application and submit them, together with the completed application, to the planning and zoning commission.

(3) Any variance or exception granted shall comply with the purpose declared in section 102-1.

(4) The subdivider shows that, because of topographical or other physical conditions peculiar to the site, the provisions of this chapter would cause an unnecessary hardship if strictly adhered to.

(5) Alternatively, if in the opinion of the city council the variation or exception will afford better site design and land utilization, the city council may grant the variance.

(6) Variances from this chapter are distinct and separate from zoning variances in chapter 120 (zoning). Specifically, lot area, setbacks, and dimensions of all subdivisions shall conform to the requirements of the applicable district of the city zoning code unless a zoning variance has been granted in advance by the board of adjustment (per section 120-231 subsections (d) and (f)) or is part of an approved planned unit development (per section 120-81) that allows for modification of lot area, setbacks and/or dimensions.