(A) The principles of design and requirements for the layout of subdivisions, as set forth in Article 2-3 of this Chapter, may be varied by the Council. However, such subdivision shall, in the judgment of the Council, provide adequate provisions for all essential community requirements. No modifications shall be granted by the Council which would conflict with the goals and objectives of the General Plan, Zoning Ordinance, an approved MPC District, or with the intent and purposes of Article 2-3 of this Chapter.
(B) In any particular case where the subdivider can show that extraordinary conditions of topography, adjacent development, irregular parcel shape, floodplain, fissures, or other conditions exist, strict compliance with these regulations would cause practical difficulty or exceptional and undue hardship, the Council may modify such requirements to the extent deemed just and proper, so as to relieve the difficulty or hardship; provided, such relief may be granted without detriment to the public good and without impairing the intent and purposes of this Article or the desirable general development of the neighborhood and the community in accordance with the General Plan, and shall not be contrary to the city Zoning Ordinance. Any modification thus granted shall be entered in the minutes of the Council, setting forth the reasons which, in the opinion of the Council, justified the modification.
(1) In modifying the standards or requirements set forth in this Chapter, as provided above, the Council may make additional requirements, such as but not limited to protective covenants, deed restrictions or other legal provisions, as are deemed necessary to secure substantially the objectives of the standards or requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated conditions unaccompanied by the finding of specific fact, shall not be deemed "findings of fact" and shall not be deemed in compliance with this Chapter.
(3) The approval of departures or modifications from the regulations of this Chapter shall not be considered as precedent-setting when the findings of fact clearly indicate the unique circumstances which warranted the departure or modification.
(Ord. 1503, passed - -2021)