Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 112-11. Variances and waivers.

The planning commission may approve subdivision and large-scale development variances and, thereby, authorize a property owner to depart from the literal requirements of this chapter, or any other requirements of this Code applicable to subdivisions or large-scale developments, in utilization of his or her property, in cases where undue hardship results from literal enforcement. In situations where a variance is inappropriate, a property owner or his agent may petition the planning commission for a waiver of any provision of this chapter, in whole or in part, upon a sufficient showing of grounds therefor.

(1) Variances. In instances where strict enforcement of said requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of any requirements of this chapter, the zoning ordinance, or any other requirements of this Code applicable to subdivisions or large-scale developments, governing subdivisions and large-scale developments according to the following guidelines:

a. The planning commission may modify such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.

b. When the applicant can show that his or her property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a demonstratable hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.

(2) Waivers. A waiver from any of said requirements may be granted by the planning commission when the conditions governing variances set forth in (1)b. above are met, subject to the provisions related to council approval on street improvements, drainage, curbs, gutters and sidewalks, as hereinafter set out. When the planning commission determines that certain improvements or requirements are not necessary for the public interest or are inappropriate because connecting facilities on nearby or adjacent property are inadequate or lacking, the commission may waive such improvements or requirements when to do so would be consistent with the spirit, intent and purpose of this chapter. Provided, however, that any waivers pertaining to street improvements, drainage relating thereto, curbs, gutters, or sidewalks shall be first heard by the planning commission and a recommendation made to the city council, but only the city council may grant a waiver for street improvements, drainage relating thereto, curbs, gutters, or sidewalks.

(3) Waivers of off-site improvements. A showing of one or more of the following shall be sufficient grounds for a property owner to be granted a waiver of an off-site improvement requirement:

a. The city or county has no plans, and anticipates no plans in the foreseeable future, for upgrading the substandard street or road on which improvements are proposed to be required by the developer.

b. The proposed development has primary access to improved streets and roads, and the portion of the development which fronts on a substandard street or road is so small or remote from anticipated future traffic patterns as to cause an unfair imposition on the developer.

c. The property owner or his agent proposes alternative improvements which will protect the health, safety and welfare of persons in the proposed development and the surrounding area and will equally benefit said persons.

d. The property owner or his agent does not propose access to the proposed development from an existing substandard street or road and proposes to provide access by way of streets or roads improved to current city or county standards.

(4) Bill of assurances or performance bond. A bill of assurances to the city may be required from the property owner prior to any variance or waiver being granted, which shall run with the land and shall set a fixed period of time in which the varied or waived requirement must be provided by the property owner. In the alternative, the city may require the posting of a performance bond as set forth hereinabove in section 112-5(1) for the completion of such requirements in a time period to be fixed by the planning commission or the city council.

(5) Appeal from decision. Any party aggrieved by the decision of the planning commission in granting or denying a variance or waiver may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.

(Code 1973, § 30-10; Ord. No. 3725, § 2, 7-12-05)

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