(A) Where it can be shown that there are extraordinary hardships in the way of complete compliance with these regulations, the Plan Commission and City Council shall have the power to vary the regulations so that substantial justice may be done and public interest secured. No such variation shall have the effect of reducing the traffic capacity of any thoroughfare or secondary thoroughfare below that shown on the city, county or regional plan.
(B) The foregoing regulations concerning minor and local street widths, sizes of lots, block lengths and widths, and dead end streets may be modified by the Plan Commission in the case of a subdivision of a tract large enough to be developed as a community of not less than 40 acres in accordance with a well studied plan, properly safeguarded by restrictions, which, in the judgment of the Commission, adequately provides for circulation, light and air needs and recreational requirements of the maximum anticipated population.
(1960 Code, § 41-2-10) (Ord. 7128, passed 4-28-2008)