§ 151.55 EXCEPTIONS.
   (A)   The general principles of design and the minimum requirements for the laying out of a subdivision, stipulated in §§ 151.35 through 151.38, may be varied by the Planning Commission for a subdivision large enough to constitute a more or less self-contained neighborhood which is to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions which, in the judgement of the Planning Commission, makes adequate provision for all essential community requirements; provided no modification shall be granted by the Planning Commission which would conflict with the major thoroughfare plan, or with other features of the adopted city master plan, or with the intent and purpose of the general principles of design and minimum requirements.
   (B)   When the developer or his or her engineer can show by plan and written statement that, by reason of exceptional topography or other physical conditions, strict compliance with any requirement of these regulations would cause practical difficulty or exceptional and undue hardship, the Planning Commission may relax the requirements to the extent deemed just and proper so as to relieve difficulty or hardship; provided the relief may be granted without detriment to the public good and without impairing the intent and purpose of these regulations or the desirable general development of the neighborhood and the community in accordance with the master plan and zoning code. Any modification granted shall be entered in the minutes of the Planning Commission setting forth the reasons which, in the opinion of the Commission, justified the modification.
   (C)   Whenever a developer or his or her engineer or other person presenting the developer seeks an exception or exceptions to this chapter, that person, firm or corporation shall submit the request for exception in writing. The written request shall cite the applicable sections and/or subsections in this chapter for which the exception or exceptions are requested.
(1980 Code, § 151.55) (Ord. 3704, passed 6-5-1978; Am. Ord. 5643, passed 12-6-1993)