(A) General. The Plan Commission or Town Council may approve modifications if they do not conflict with the intent and purpose of this subchapter.
(B) Authority.
(1) Town Council. The Town Council may modify or waive construction and utility standards.
(2) Plan Commission. The Plan Commission may modify or waive submittal requirements or subdivision standards in this subchapter.
(3) Board of Zoning Appeals. Plats must meet all applicable standards prescribed in this chapter unless the Board of Zoning Appeals grants a development standards variance (see § 154.180).
(C) Procedures.
(1) The applicant submits a written petition for modification with the primary plat application. The petition must clearly state the conditions requiring the modification and provide proposed findings of fact for the approval.
(2) If modifications are required for exempt, administrative, or minor subdivisions, the modification must be approved by Plan Commission prior to approval of the subdivision. If modifications require Town Council approval, the modification must be approved by the Town Council prior to subdivision approval.
(D) Decision criteria. When evaluating petitions for modifications, the Plan Commission or Town Council considers whether:
(1) The proposed modification results in a development that enhances the use or value of area properties;
(2) The proposed modification is not injurious to the public safety, health, or welfare;
(3) The strict application of the ordinance standard results in a development less desirable when compared to the proposed development;
(4) The proposed development is consistent and compatible with other development located in the area; and
(5) The modification is consistent with the purpose and intent of the Comprehensive Plan and this subchapter.
(E) Conditional approval. In approving a modification, the Plan Commission or Town Council may require conditions to comply with requirements of this subchapter. The Plan Commission or Town Council may require written commitments to be recorded in the Johnson County Recorder's Office. A copy of the recorded written commitments must be provided to the Administrator before any future approvals for the project will be granted.
(Ord. 2022-17, passed 7-19-2022)