§ 16-91. Variances.

Where a subdivider can show that a provision of this article would cause an unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the planning and zoning commission a departure may be made without destroying the intent of such provision, the planning and zoning commission may recommend that the city council authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the planning and zoning commission and the reason which justified the departure to be set forth. No variance however shall be authorized without the recommendation of the planning and zoning commission; provided, however, that the failure of the planning and zoning commission to report within sixty (60) days from and after the date of official submission by the subdivider to the commission shall be deemed approval by the commission.

(Code 1955, § 19A-12)