The Commission may grant such modifications to the requirements and standards of this chapter as will not be contrary to the public interest, where owing to extraordinary conditions, fully demonstrated by the applicant on the basis of facts presented, strict compliance with the provisions of this chapter will result in practical difficulties or misuse of property.
(A) Criteria for modifications. In the exercise of its authority under this section, the Commission shall grant modifications only upon finding all of the following:
(1) The modification will not be detrimental to the public health, safety or general welfare;
(2) The modification will not adversely affect adjacent property;
(3) The modification is justified because of exceptional topographic or other physical conditions unique to the property involved and is not to correct mere inconvenience or financial disadvantage;
(4) The modification is consistent with the intent of this and other applicable ordinances or the Comprehensive Plan;
(5) The condition necessitating the modification was not created by the owner or applicant; and
(6) The modification will not conflict with the powers and duties of the Board of Zoning Appeals, as defined by the Zoning Ordinance.
(B) Modification requests. Any request for modification(s) from the standards of this chapter shall be submitted in writing as part of the application for approval of a subdivision. The request shall make specific reference to the section of this subchapter from which the modification is requested and shall state the reasons for the request, addressing the criteria in this section.
(C) Decision by Commission. In approving or denying a modification request, the Commission shall make specific findings on each of the criteria in this section. If the Commission approves a modification request, it may impose conditions as it deems necessary and proper to carry out the intent and purposes of this chapter.
(Prior Code, § 8-119) (Ord. 1986-7, passed 10-21-1986)